[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Rules and Regulations]
[Pages 272-283]
[FR Doc No: 2010-33190]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in flood
prone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed
below. Elevations at selected locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

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

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

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

Sec.  67.11  [Amended]

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

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                                                                        * Elevation in
                                                                        feet (NGVD) +
                                                                      Elevation in feet
                                                                       (NAVD)
          Flooding source(s)               Location of referenced       Depth in feet     Communities  affected
                                                 elevation               above ground
                                                                      [caret] Elevation
                                                                       in  meters (MSL)
                                                                           Modified
----------------------------------------------------------------------------------------------------------------
                                  Drew County, Arkansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1083
----------------------------------------------------------------------------------------------------------------
Tenmile Creek........................  Approximately 1,000 feet                    +208  Unincorporated Areas of
                                        downstream of Missouri                            Drew County.
                                        Pacific Railroad.
                                       Just downstream of Missouri                 +212
                                        Pacific Railroad.
Tenmile Tributary....................  Approximately 3,200 feet                    +222  City of Monticello,
                                        downstream of Ragland Avenue.                     Unincorporated Areas
                                                                                of Drew County.
                                       Just downstream of Barkada                  +236
                                        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.

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

                                       Unincorporated Areas of Drew County
Maps are available for inspection at 210 South Main Street, Monticello, AR 71655.
----------------------------------------------------------------------------------------------------------------
                               St. Joseph County, Indiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1020
----------------------------------------------------------------------------------------------------------------
Baugo Creek..........................  Approximately 300 feet                      +719  Town of Osceola,
                                        upstream of the confluence                        Unincorporated Areas
                                        with St. Joseph River/Baugo                       of St. Joseph County.
                                        Bay.
                                       Approximately 100 feet                      +726
                                        upstream of the Elkhart
                                        County boundary.
Judy Creek...........................  Approximately 1,950 feet                    +711  Town of Roseland.
                                        upstream of Kenilwood Road.
                                       Approximately 1,825 feet                    +712
                                        downstream of Indiana East-
                                        West Toll Road.
Kieffer Creek........................  Approximately 550 feet                      +690  City of South Bend,
                                        upstream of the confluence                        Unincorporated Areas
                                        with the St. Joseph River.                        of St. Joseph County.
                                       Approximately 1,850 feet                    +722
                                        upstream of Hollyhock Road.
Potato Creek.........................  Approximately 280 feet                      +709  Town of North Liberty.
                                        downstream of Cemetery Road.
                                       Approximately 980 feet                      +712
                                        upstream of Cemetery 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.

                                                    ADDRESSES
City of South Bend
Maps are available for inspection at 227 West Jefferson Boulevard, Suite 400, South Bend, IN 46601.

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

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

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

                                    Unincorporated Areas of St. Joseph County
Maps are available for inspection at 227 West Jefferson Boulevard, Room 732, South Bend, IN 46601.
----------------------------------------------------------------------------------------------------------------
                                    Cass County, Iowa, and Incorporated Areas
                                             Docket No.: FEMA-B-1068
----------------------------------------------------------------------------------------------------------------
Baughmans Creek......................  Just upstream of 540th Street             +1,091  Unincorporated Areas of
                                                                                Cass County.
                                       Approximately 900 feet                    +1,098
                                        downstream of Adair Street.
                                       Approximately 400 feet                    +1,103
                                        downstream of Main Street.
                                       Approximately 650 feet                    +1,106
                                        upstream of Main Street.
East Nishnabotna River...............  Just upstream of Jasper Road.             +1,136  Unincorporated Areas of
                                                                                Cass County.
                                       Just downstream of the                    +1,154
                                        confluence with Troublesome
                                        Creek.
Troublesome Creek....................  Just upstream of the                      +1,154  Unincorporated Areas of
                                        confluence with the East                          Cass County.
                                        Nishnabotna River.
                                       Just upstream of Olive Street             +1,154
                                       Approximately 0.4 mile                    +1,163
                                        upstream of 635th Street.
                                       Approximately 0.5 mile                    +1,163
                                        upstream of 635th 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.

                                                    ADDRESSES

                                       Unincorporated Areas of Cass County
Maps are available for inspection at 5 West 7th Street, Atlantic, IA 50022.
----------------------------------------------------------------------------------------------------------------
                               Montgomery County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1061
----------------------------------------------------------------------------------------------------------------
Hinkston Creek.......................  Approximately 500 feet                      +911  City of Mt. Sterling,
                                        upstream of Hinkston Pike                         Unincorporated Areas
                                        (KY-1991).                                        of Montgomery County.
                                       Approximately 100 feet                      +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.

                                                    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.
----------------------------------------------------------------------------------------------------------------
                                 Cedar County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1078
----------------------------------------------------------------------------------------------------------------
Stockton Lake........................  Entire shoreline within                     +887  City of Stockton,
                                        community.                                        Unincorporated Areas
                                                                                of Cedar 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.

                                                    ADDRESSES
City of Stockton
Maps are available for inspection at 201 South High Street, Stockton, MO 65785.

                                      Unincorporated Areas of Cedar County
Maps are available for inspection at 113 South Street, Stockton, MO 65785.
----------------------------------------------------------------------------------------------------------------
                                 Henry County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1075
----------------------------------------------------------------------------------------------------------------
Harry S. Truman Reservoir............  Entire shoreline within                     +741  City of Calhoun, City
                                        community.                                        of Deepwater, City of
                                                                                Urich, Unincorporated
                                                                                Areas of Henry County,
                                                                                Village of
                                                                                Brownington, Village
                                                                                of La Due.
Montrose Reservoir...................  Entire shoreline within                     +755  Unincorporated Areas of
                                        community.                                        Henry 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.

                                                    ADDRESSES

City of Calhoun
Maps are available for inspection at 201 East Main Street, Calhoun, MO 65323.

City of Deepwater
Maps are available for inspection at 259 Southwest State Highway 52, Deepwater, MO 64740.

City of Urich
Maps are available for inspection at 308 North Main Street, Urich, MO 64788.

                                      Unincorporated Areas of Henry County
Maps are available for inspection at 100 West Franklin Street, Clinton, MO 64735.

Village of Brownington
Maps are available for inspection at 858 Southwest Missouri Route BB, Deepwater, MO 64740.

Village of La Due
Maps are available for inspection at 100 West Franklin Street, Clinton, MO 64735.
----------------------------------------------------------------------------------------------------------------
                                Grant County, New Mexico, and Incorporated Areas
                                             Docket No.: FEMA-B-1064
----------------------------------------------------------------------------------------------------------------
Cotton Wood Creek....................  Approximately 400 feet                    +5,942  Unincorporated Areas of
                                        upstream of the confluence                        Grant County.
                                        with Silva Creek.
                                       Just downstream of Little                 +5,987
                                        Walnut Road.
Maude's Creek........................  Approximately 1.0 mile                    +5,698  Unincorporated Areas of
                                        downstream of Rosedale Road.                      Grant County.
                                       Approximately 1.1 miles                   +6,122
                                        upstream of the confluence
                                        with Central Arroyo.
Pinos Altos Creek....................  Approximately 0.4 mile                    +6,116  Unincorporated Areas of
                                        upstream of North Fowler                          Grant County.
                                        Avenue.
                                       Approximately 0.5 mile                    +6,130
                                        upstream of North Fowler
                                        Avenue.
San Vicente Arroyo...................  Approximately 1,000 feet                  +5,623  Unincorporated Areas of
                                        downstream of Broken Arrow                        Grant County.
                                        Drive.
                                       Approximately 700 feet                    +5,762
                                        upstream of the confluence
                                        with Tributary No. 4 (San
                                        Vicente Arroyo).
Silva Creek..........................  Approximately 400 feet                    +5,942  Unincorporated Areas of
                                        upstream of the confluence                        Grant County.
                                        with Silva Creek.
                                       Approximately 300 feet                    +5,993
                                        upstream of Jade Drive.
Tributary No. 1 (Maude's Creek)......  At the confluence with                    +5,858  Unincorporated Areas of
                                        Maude's Creek.                                    Grant County.
                                       Approximately 1,300 feet                  +6,006
                                        downstream of Silver Heights
                                        Boulevard.

Tributary No. 2 (Maude's Creek)......  Approximately 800 feet                    +5,853  Unincorporated Areas of
                                        upstream of Yellow Arrow                          Grant County.
                                        Lane.
                                       Approximately 1,900 feet                  +5,868
                                        upstream of Yellow Arrow
                                        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.

                                                    ADDRESSES
                                      Unincorporated Areas of Grant County
Maps are available for inspection at 1400 U.S. Route 180 East, Silver City, NM 88061.
----------------------------------------------------------------------------------------------------------------
                                   Noble County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1078
----------------------------------------------------------------------------------------------------------------
Salt Run.............................  Approximately 460 feet                      +726  Unincorporated Areas of
                                        downstream of State Route 78                      Noble County, Village
                                        in the Village of Caldwell.                       of Caldwell.
                                       Approximately 280 feet                      +738
                                        upstream of State Route 564.
West Fork Duck Creek.................  Approximately 0.41 mile                     +734  Unincorporated Areas of
                                        upstream of Township Highway                      Noble County, Village
                                        330.                                              of Belle Valley.
                                       Approximately 0.6 mile                      +746
                                        upstream of Main Street in
                                        the Village of Belle Valley.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Village of Belle Valley
Maps are available for inspection at the Noble County Auditor's Office, 200 Courthouse Square, Caldwell, OH
 43724.

Village of Caldwell
Maps are available for inspection at the Noble County Auditor's Office, 200 Courthouse Square, Caldwell, OH
 43724.
                                      Unincorporated Areas of Noble County
Maps are available for inspection at the Noble County Auditor's Office, 200 Courthouse Square, Caldwell, OH
 43724.
----------------------------------------------------------------------------------------------------------------
                                 Custer County, Oklahoma, and Incorporated Areas
                                             Docket No.: FEMA-B-1064
----------------------------------------------------------------------------------------------------------------
Tributary 1 (Unnamed Stream).........  Approximately 600 feet                    +1,491  Unincorporated Areas of
                                        upstream of the confluence                        Custer County.
                                        with Tributary 2.
                                       Approximately 200 feet                    +1,527
                                        downstream of Terrace Drive.
Tributary 2 (Unnamed Stream).........  Approximately 500 feet                    +1,499  Unincorporated Areas of
                                        upstream of the confluence                        Custer County.
                                        with Tributary 1.
                                       Just upstream of South 13th               +1,537
                                        Street.
Washita River........................  Approximately 0.61 mile                   +1,484  Unincorporated Areas of
                                        downstream of I-40.                               Custer County.
                                       Approximately 1.04 mile                   +1,495
                                        upstream of U.S. Route 183.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                      Unincorporated Areas of Custer County
Maps are available for inspection at the Custer County Courthouse, 675 B Street, Arapaho, OK 73620.
----------------------------------------------------------------------------------------------------------------
                                Okmulgee County, Oklahoma, and Incorporated Areas
                                             Docket No.: FEMA-B-1025
----------------------------------------------------------------------------------------------------------------
Duck Creek...........................  Approximately 3,950 feet                    +622  Town of Liberty,
                                        downstream of South Yale                          Unincorporated Areas
                                        Avenue.                                           of Okmulgee County.

                                       Approximately 1,377 feet                    +642
                                        upstream of Lewis Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Town of Liberty
Maps are available for inspection at 719 East 8th Street, Okmulgee, OK 74447.

                                     Unincorporated Areas of Okmulgee County
Maps are available for inspection at 719 East 8th Street, Okmulgee, OK 74447.
----------------------------------------------------------------------------------------------------------------
                           Spartanburg County, South Carolina, and Incorporated Areas
                                    Docket Nos.: FEMA-B-7714 and FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
Abners Creek.........................  At the confluence with the                  +704  City of Greer,
                                        Enoree River.                                     Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 150 feet                      +870
                                        upstream of Freeman Farm
                                        Road.
Alexander Creek......................  At the confluence with the                  +825  Unincorporated Areas of
                                        South Pacolet River (William                      Spartanburg County.
                                        C. Bowen Lake).
                                       Approximately 2,010 feet                    +844
                                        upstream of Page Road.
Alexander Creek Tributary 1..........  At the confluence with                      +838  Unincorporated Areas of
                                        Alexander Creek.                                  Spartanburg County.
                                       Approximately 1,620 feet                    +855
                                        upstream of Walnut Hill
                                        Church Road.
Beaverdam Creek East.................  Just upstream of Old Canaan                 +619  Unincorporated Areas of
                                        Road.                                             Spartanburg County.
                                       Approximately 300 feet                      +677
                                        upstream of Church Street.
Beaverdam Creek East Tributary 1.....  At the confluence with                      +637  Unincorporated Areas of
                                        Beaverdam Creek East.                             Spartanburg County.
                                       Approximately 400 feet                      +676
                                        upstream of Church Street.
Beaverdam Creek West.................  At the confluence with the                  +817  Unincorporated Areas of
                                        Middle Tyger River.                               Spartanburg County.
                                       Approximately 2 miles                       +834
                                        upstream of State Highway
                                        357.
Big Ferguson Creek...................  Approximately 820 feet                      +576  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with Ferguson Creek.
                                       Approximately 5,190 feet                    +662
                                        upstream of Wofford Road.
Browns Branch........................  At the confluence with the                  +481  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 960 feet                      +496
                                        upstream of Short Drive.
Buck Creek...........................  At the confluence with the                  +709  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 4,950 feet                    +808
                                        upstream of Cherokee
                                        Foothills Scenic Highway.
Buffalo Creek........................  Approximately 100 feet                      +574  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with Fairforest Creek.
                                       Approximately 1.2 miles                     +618
                                        upstream of Steward Road.
Casey Creek..........................  At the confluence with the                  +709  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 2,290 feet                    +824
                                        upstream of Overcreek Road.
Cedar Shoals Creek...................  Approximately 620 feet                      +406  Unincorporated Areas of
                                        downstream of Horseshoe                           Spartanburg County.
                                        Falls Road.
                                       Approximately 1.5 miles                     +539
                                        upstream of Browning Road.
Cherokee Creek.......................  Approximately 70 feet                       +713  Unincorporated Areas of
                                        downstream of Cherokee                            Spartanburg County.
                                        Circle.
                                       Approximately 1,040 feet                    +713
                                        upstream of Cherokee Circle.
Chinquepin Creek.....................  Approximately 100 feet                      +719  Unincorporated Areas of
                                        upstream of Chesnee Highway.                      Spartanburg County.
                                       Approximately 920 feet                      +726
                                        upstream of Chesnee Highway.
Dildine Creek........................  At the confluence with the                  +560  Unincorporated Areas of
                                        Enoree River.                                     Spartanburg County.
                                       Approximately 4,580 feet                    +563
                                        upstream of the confluence
                                        with the Enoree River.

Dillard Creek........................  At the confluence with the                  +708  Unincorporated Areas of
                                        Enoree River.                                     Spartanburg County.
                                       Approximately 4,540 feet                    +715
                                        upstream of the confluence
                                        with the Enoree River.
Dutchman Creek.......................  Approximately 1 mile                        +481  Unincorporated Areas of
                                        downstream of Tucker Road.                        Spartanburg County.
                                       Approximately 2,370 feet                    +645
                                        upstream of Walnut Grove
                                        Pauline Road.
Enoree River.........................  Approximately 4.3 miles                     +401  Unincorporated Areas of
                                        downstream of I-26.                               Spartanburg County.
                                       Approximately 125 feet                      +748
                                        upstream of State Highway 14.
Enoree River Tributary 1.............  At the confluence with the                  +698  Unincorporated Areas of
                                        Enoree River.                                     Spartanburg County.
                                       Approximately 1,690 feet                    +790
                                        upstream of Sharon Church
                                        Road.
Fairforest Creek.....................  Approximately 80 feet                       +491  City of Spartanburg,
                                        downstream of Glen Springs                        Unincorporated Areas
                                        Road.                                             of Spartanburg County.
                                       Approximately 100 feet                      +844
                                        downstream of I-85.
Fairforest Creek Tributary 1.........  At the confluence with                      +497  Unincorporated Areas of
                                        Fairforest Creek.                                 Spartanburg County.
                                       Approximately 1.3 miles                     +525
                                        upstream of the confluence
                                        with Fairforest Creek.
Fairforest Creek Tributary 2.........  Approximately 50 feet                       +574  Unincorporated Areas of
                                        upstream of Fairforest Creek.                     Spartanburg County.
                                       Approximately 1,320 feet                    +656
                                        upstream of West Road.
Fairforest Creek Tributary 3.........  Approximately 300 feet                      +614  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with Fairforest Creek.
                                       Approximately 3,630 feet                    +631
                                        upstream of the confluence
                                        with Fairforest Creek.
Fawn Branch..........................  Just upstream of Old Furnace                +807  Unincorporated Areas of
                                        Road.                                             Spartanburg County.
                                       Approximately 870 feet                      +810
                                        upstream of Old Furnace Road.
Fawn Branch Tributary 1..............  Just upstream of Old Furnace                +807  Unincorporated Areas of
                                        Road.                                             Spartanburg County.
                                       Approximately 2,640 feet                    +883
                                        upstream of Clark Road.
Fawn Branch Tributary 2..............  At the confluence with Fawn                 +826  Unincorporated Areas of
                                        Branch Tributary 1.                               Spartanburg County.
                                       Approximately 440 feet                      +873
                                        upstream of State Highway 9.
Ferguson Creek.......................  Approximately 190 feet                      +627  Unincorporated Areas of
                                        downstream of Old                                 Spartanburg County.
                                        Spartanburg Highway.
                                       Approximately 1,990 feet                    +638
                                        upstream of Old Spartanburg
                                        Highway.
Fleming Branch.......................  At the confluence with                      +566  Unincorporated Areas of
                                        Fairforest Creek.                                 Spartanburg County.
                                       Approximately 2,200 feet                    +576
                                        upstream of the confluence
                                        with Fairforest Creek.
Foster Creek.........................  Approximately 330 feet                      +607  Unincorporated Areas of
                                        upstream of Twin Oaks Road.                       Spartanburg County.
                                       Approximately 1.4 miles                     +659
                                        upstream of Old Canaan Road.
Foster Creek Tributary 1.............  At the confluence with Foster               +636  Unincorporated Areas of
                                        Creek.                                            Spartanburg County.
                                       Approximately 4,000 feet                    +748
                                        upstream of the confluence
                                        with Foster Creek.
Fourmile Branch......................  Just upstream of Country Club               +632  Unincorporated Areas of
                                        Road.                                             Spartanburg County.
                                       Approximately 2,810 feet                    +734
                                        upstream of Pine Street.
Halfway Branch.......................  Approximately 600 feet                      +680  City of Spartanburg.
                                        upstream of the confluence
                                        with Halfway Branch
                                        Tributary 1.
                                       Approximately 2,150 feet                    +708
                                        upstream of the confluence
                                        with Halfway Branch
                                        Tributary 1.
Halfway Branch Tributary 1...........  Just downstream of Blackwood                +686  City of Spartanburg,
                                        Drive.                                            Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 700 feet                      +722
                                        upstream of Perrin Drive.
Island Creek.........................  At the confluence with the                  +655  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.

                                       Approximately 2,000 feet                    +804
                                        upstream of Cemetery Road.
Jamison Mill Creek...................  At the confluence with the                  +878  Unincorporated Areas of
                                        South Pacolet River.                              Spartanburg County.
                                       Approximately 1.4 miles                     +920
                                        upstream of Spivey Creek
                                        Road.
Jimmies Creek (North)................  Just upstream of Freys Drive.               +665  City of Wellford,
                                                                                Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 2,190 feet                    +789
                                        upstream of Tucapau Road.
Jimmies Creek (South)................  At the confluence with the                  +440  Town of Woodruff,
                                        North Tyger River.                                Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 1,550 feet                    +696
                                        upstream of Georgia Road.
Jimmies Creek (South) Tributary 1....  At the confluence with                      +444  Unincorporated Areas of
                                        Jimmies Creek (South).                            Spartanburg County.
                                       Approximately 5,070 feet                    +470
                                        upstream of the confluence
                                        with Jimmies Creek (South).
Kelsey Creek.........................  At the confluence with                      +524  Unincorporated Areas of
                                        Fairforest Creek.                                 Spartanburg County.
                                       Approximately 4,900 feet                    +555
                                        upstream of the confluence
                                        with Thompson Creek.
Lawsons Fork Creek...................  Just upstream of Meadow Farm                +802  Unincorporated Areas of
                                        Road.                                             Spartanburg County.
                                       Approximately 2,320 feet                    +937
                                        upstream of Park Street.
Lawsons Fork Creek Tributary 1.......  Approximately 850 feet                      +656  City of Spartanburg.
                                        upstream of the confluence
                                        with Lawsons Fork Creek.
                                       Approximately 3,890 feet                    +701
                                        upstream of Woodburn Road.
Lawsons Fork Creek Tributary 3.......  Approximately 900 feet                      +779  Unincorporated Areas of
                                        upstream of Lawsons Fork                          Spartanburg County.
                                        Creek.
                                       Approximately 2,120 feet                    +828
                                        upstream of Honeysuckle Road.
Lawsons Fork Creek Tributary 4.......  Just upstream of River Forest               +787  Unincorporated Areas of
                                        Rd.                                               Spartanburg County.
                                       Approximately 400 feet                      +864
                                        upstream of Lyman Road.
Lick Creek...........................  At the confluence with the                  +567  Unincorporated Areas of
                                        Enoree River.                                     Spartanburg County.
                                       Approximately 425 feet                      +581
                                        upstream of Allen Bridge
                                        Road.
Little Buck Creek....................  At the confluence with Buck                 +712  City of Chesnee,
                                        Creek.                                            Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 280 feet                      +841
                                        upstream of Cherokee Street.
Little Buck Creek Tributary 1........  At the confluence with Little               +815  City of Chesnee.
                                        Buck Creek.
                                       Approximately 1,100 feet                    +851
                                        upstream of the confluence
                                        with Little Buck Creek.
Maple Creek..........................  Just upstream of New Woodruff               +854  City of Greer,
                                        Road.                                             Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 85 feet                       +866
                                        downstream of Acron Drive.
McElwain Creek.......................  Approximately 3,266 feet                    +495  Unincorporated Areas of
                                        downstream of Yard Road.                          Spartanburg County.
                                       Approximately 230 feet                      +499
                                        upstream of Yard Road.
Meadow Creek.........................  Approximately 500 feet                      +803  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with Lawsons Fork Creek.
                                       Approximately 1,360 feet                    +849
                                        upstream of I-26.
Meadow Creek Tributary 1.............  At the confluence with Meadow               +823  Unincorporated Areas of
                                        Creek.                                            Spartanburg County.
                                       Approximately 3,380 feet                    +837
                                        upstream of Spring Valley
                                        Road.
Middle Tyger River...................  Just upstream of Spartex Dam.               +733  Town of Duncan, Town of
                                                                                Lyman, Unincorporated
                                                                                Areas of Spartanburg
                                                                                County.
                                       Approximately 250 feet                      +859
                                        upstream of Sloan Road.
Middle Tyger River Tributary 1.......  Approximately 1,800 feet                    +616  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with the Middle Tyger River.
                                       Approximately 5,040 feet                    +629
                                        upstream of the confluence
                                        with the Middle Tyger River.

Motlow Creek.........................  At the confluence with the                  +826  Town of Campobello,
                                        South Pacolet River.                              Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 740 feet                      +943
                                        upstream of Macedonia Church
                                        Road.
North Pacolet River..................  At the confluence with the                  +723  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 4,030 feet                    +837
                                        upstream of Landrum Road.
North Tyger River....................  Approximately 3,340 feet                    +421  Unincorporated Areas of
                                        downstream of State Highway                       Spartanburg County.
                                        56.
                                       Approximately 2.2 miles                     +583
                                        upstream of I-26.
North Tyger River Tributary 1........  Just downstream of I-26......               +594  Unincorporated Areas of
                                                                                Spartanburg County.
                                       Approximately 1.4 miles                     +672
                                        upstream of Stillhouse Road.
North Tyger River Tributary 2........  Approximately 1,780 feet                    +666  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with the North Tyger River.
                                       Approximately 260 feet                      +748
                                        upstream of U.S. Route 29.
North Tyger River Tributary 3........  Approximately 900 feet                      +736  Town of Lyman,
                                        upstream of confluence with                       Unincorporated Areas
                                        the North Tyger River.                            of Spartanburg County.
                                       Approximately 1.6 miles                     +898
                                        upstream of Holly Springs
                                        Road.
Obed Creek...........................  At the confluence with the                  +737  Unincorporated Areas of
                                        North Pacolet River.                              Spartanburg County.
                                       Approximately 4,100 feet                    +879
                                        upstream of Burnt Chimney
                                        Road.
Pacolet River........................  Approximately 2.4 miles                     +476  Town of Pacolet,
                                        downstream of Chapel Drive.                       Unincorporated Areas
                                                                                of Spartanburg County.
                                       At the confluence with the                  +723
                                        North Pacolet River and the
                                        South Pacolet River.
Pacolet River Tributary 1............  At the confluence with the                  +632  Town of Cowpens,
                                        Pacolet River.                                    Unincorporated Areas
                                                                                of Spartanburg County.
                                       Approximately 290 feet                      +765
                                        upstream of Church Street.
Pacolet River Tributary 2............  At the confluence with the                  +716  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 5,140 feet                    +875
                                        upstream of Fairfield Road.
Peters Creek.........................  At the confluence with the                  +630  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 210 feet                      +796
                                        downstream of Jones Road.
Ransom Creek.........................  Approximately 1,120 feet                    +611  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with the North Tyger River.
                                       Approximately 1,050 feet                    +732
                                        upstream of Schirra Court.
Ransom Creek Tributary 1.............  At the confluence with Ransom               +614  Unincorporated Areas of
                                        Creek.                                            Spartanburg County.
                                       Approximately 460 feet                      +640
                                        upstream of I-26.
Reedy Creek..........................  Approximately 100 feet                      +624  Unincorporated Areas of
                                        downstream of Old Canaan                          Spartanburg County.
                                        Road.
                                       Approximately 230 feet                      +667
                                        upstream of McAbee Road.
Richland Creek.......................  At the confluence with the                  +785  Unincorporated Areas of
                                        South Pacolet River.                              Spartanburg County.
                                       Approximately 1.3 miles                     +832
                                        upstream of Hickory Nut
                                        Drive.
Richland Creek East..................  At the confluence with the                  +539  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 4,970 feet                    +540
                                        upstream of the confluence
                                        with the Pacolet River.
Richland Creek Tributary 1...........  At the confluence with                      +785  Unincorporated Areas of
                                        Richland Creek.                                   Spartanburg County.
                                       Approximately 2,740 feet                    +825
                                        upstream of River Oak Road.
Richland Creek Tributary 2...........  At the confluence with                      +792  Unincorporated Areas of
                                        Richland Creek Tributary 1.                       Spartanburg County.
                                       Approximately 3,860 feet                    +810
                                        upstream of the confluence
                                        with Richland Creek
                                        Tributary 1.
Richland Creek Tributary 3...........  At the confluence with                      +785  Unincorporated Areas of
                                        Richland Creek.                                   Spartanburg County.
                                       Approximately 570 feet                      +855
                                        upstream of Owens Dive.

Shoally Creek........................  Approximately 60 feet                       +804  Unincorporated Areas of
                                        downstream of the confluence                      Spartanburg County.
                                        with Shoally Creek Tributary
                                        2.
                                       Approximately 4,580 feet                    +915
                                        upstream of Old Furnace Road.
Shoally Creek Tributary 1............  Approximately 300 feet                      +752  Unincorporated Areas of
                                        upstream of the confluence                        Spartanburg County.
                                        with Shoally Creek.
                                       Approximately 250 feet                      +796
                                        upstream of Sandifer Road.
Shoally Creek Tributary 2............  Just upstream of the                        +804  Unincorporated Areas of
                                        confluence with Shoally                           Spartanburg County.
                                        Creek.
                                       Approximately 1,730 feet                    +875
                                        upstream of Burnett Road.
Shoally Creek Tributary 3............  At the confluence with                      +804  Unincorporated Areas of
                                        Shoally Creek.                                    Spartanburg County.
                                       Approximately 150 feet                      +850
                                        upstream of McMillin
                                        Boulevard.
South Pacolet River Tributary 2......  At the confluence with South                +832  Unincorporated Areas of
                                        Pacolet River Tributary 1.                        Spartanburg County.
                                       Approximately 2,410 feet                    +861
                                        upstream of the confluence
                                        with South Pacolet River
                                        Tributary 1.
South Pacolet River..................  At the confluence with the                  +723  Town of Campobello,
                                        Pacolet River.                                    Unincorporated Areas
                                                                                of Spartanburg County.
                                       At the confluence with                      +878
                                        Jamison Mill Creek.
South Pacolet River Tributary 1......  At the confluence with the                  +825  Unincorporated Areas of
                                        South Pacolet River.                              Spartanburg County.
                                       Approximately 4,230 feet                    +844
                                        upstream of Old Mill Road.
South Tyger River....................  At the confluence with the                  +518  City of Greer, Town of
                                        North Tyger River.                                Duncan, Unincorporated
                                                                                Areas of Spartanburg
                                                                                County.
                                       Approximately 1.9 miles                     +771
                                        upstream of Wade Hampton
                                        Boulevard.
South Tyger River Tributary 1........  At the confluence with the                  +604  Unincorporated Areas of
                                        South Tyger River.                                Spartanburg County.
                                       Approximately 2,340 feet                    +612
                                        upstream of the confluence
                                        with the South Tyger River.
Spivey Creek.........................  At the confluence with the                  +857  Unincorporated Areas of
                                        South Pacolet River.                              Spartanburg County.
                                       Approximately 140 feet                      +876
                                        upstream of Spivey Creek
                                        Road.
Thompson Creek (North)...............  At the confluence with the                  +714  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 1.1 miles                     +796
                                        upstream of Peachtree Road.
Thompson Creek (South)...............  At the confluence with Kelsey               +554  Unincorporated Areas of
                                        Creek.                                            Spartanburg County.
                                       Approximately 1.1 miles                     +648
                                        upstream of Johnson Lake
                                        Road.
Turkey Hen Branch....................  At the confluence with the                  +565  Unincorporated Areas of
                                        Pacolet River.                                    Spartanburg County.
                                       Approximately 630 feet                      +646
                                        upstream of Harper Fish Camp
                                        Road.
Twomile Creek........................  At the confluence with the                  +485  Unincorporated Areas of
                                        Enoree River.                                     Spartanburg County.
                                       Approximately 3,990 feet                    +513
                                        upstream of Parker Road.
Vines Creek..........................  At the confluence with Abners               +717  Unincorporated Areas of
                                        Creek.                                            Spartanburg County.
                                       Approximately 1.2 miles                     +776
                                        upstream of Babe Wood Road.
Wards Creek..........................  At the confluence with the                  +554  Unincorporated Areas of
                                        North Tyger River.                                Spartanburg County.
                                       Approximately 3,450 feet                    +616
                                        upstream of Harrison Grove
                                        Road.
Wiley Fork Creek.....................  At the confluence with                      +532  Unincorporated Areas of
                                        Dutchman Creek.                                   Spartanburg County.
                                       Approximately 2,390 feet                    +537
                                        upstream of the confluence
                                        with Dutchman Creek.
Zekial Creek.........................  At the confluence with Island               +804  Unincorporated Areas of
                                        Creek.                                            Spartanburg County.
                                       Approximately 4,530 feet                    +815
                                        upstream of the confluence
                                        with Island 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.

                                                    ADDRESSES

City of Chesnee
Maps are available for inspection at 201 West Cherokee Street, Chesnee, SC 29323.

City of Greer
Maps are available for inspection at 106 South Main Street, Greer, SC 29650.

City of Spartanburg
Maps are available for inspection at 145 West Broad Street, Spartanburg, SC 29304.

City of Wellford
Maps are available for inspection at 127 Syphrit Road, Wellford, SC 29385.

Town of Campobello
Maps are available for inspection at 208 North Main Street, Campobello, SC 29322.

Town of Cowpens
Maps are available for inspection at 530 North Main Street, Cowpens, SC 29330.

Town of Duncan
Maps are available for inspection at 153 West Main Street, Duncan, SC 29334.

Town of Lyman
Maps are available for inspection at 81 Groce Road, Lyman, SC 29365.

Town of Pacolet
Maps are available for inspection at 180 Montgomery Avenue, Pacolet, SC 29372.

Town of Woodruff
Maps are available for inspection at 231 East Hayne Street, Woodruff, SC 29388.

                                   Unincorporated Areas of Spartanburg County
Maps are available for inspection at 9039 Fairforest Road, Spartanburg, SC 29301.
----------------------------------------------------------------------------------------------------------------
                                  Bosque County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1066
----------------------------------------------------------------------------------------------------------------
Tributary 1 to North Bosque River....  Approximately 1,000 feet                    +560  Unincorporated Areas of
                                        downstream of the confluence                      Bosque County.
                                        with Tributary to North
                                        Bosque River.
                                       Approximately 400 feet                      +590
                                        upstream of State Highway 6.
Tributary to North Bosque River......  Approximately 1,000 feet                    +560  Unincorporated Areas of
                                        downstream of the confluence                      Bosque County.
                                        with Tributary 1 to North
                                        Bosque River.
                                       Approximately 900 feet                      +572
                                        upstream of State Highway 6.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                      Unincorporated Areas of Bosque County
Maps are available for inspection at the Bosque County Courthouse, 201 South Main Street, Meridian, TX 76665.
----------------------------------------------------------------------------------------------------------------
                                 Burleson County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1064
----------------------------------------------------------------------------------------------------------------
Copperas Hollow Creek................  Approximately 0.3 mile                      +367  Unincorporated Areas of
                                        upstream of Country Club                          Burleson County.
                                        Drive.
                                       Approximately 630 feet                      +378
                                        downstream of Burlington
                                        Northern Santa Fe Railroad.
Elm Branch Tributary 1...............  At the confluence with Elm                  +341  Unincorporated Areas of
                                        Branch.                                           Burleson County.
                                       Just downstream of 10th                     +372
                                        Street.
Stream TCA...........................  Just downstream of Burlington               +246  City of Somerville,
                                        Northern Santa Fe Railroad.                       Unincorporated Areas
                                                                                of Burleson County.
                                       Approximately 650 feet                      +254
                                        upstream of County Road 422.
Stream TCB...........................  At the confluence with Stream               +247  City of Somerville.
                                        TCA.
                                       Approximately 1,000 feet                    +251
                                        upstream of Avenue E.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Somerville
Maps are available for inspection at P.O. Box 159, Somerville, TX 77879.
                                     Unincorporated Areas of Burleson County
Maps are available for inspection at 100 West Buck Street, Suite 306, Caldwell, TX 77836.
----------------------------------------------------------------------------------------------------------------
                                 Cherokee County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1080
----------------------------------------------------------------------------------------------------------------
Gum Creek............................  Just upstream of Lakeshore                  +429  City of Jacksonville.
                                        Drive.
                                       Approximately 1,700 feet                    +439
                                        upstream of Lakeshore 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.

                                                    ADDRESSES
City of Jacksonville
Maps are available for inspection at 301 East Commerce Street, Jacksonville, TX 75766.
----------------------------------------------------------------------------------------------------------------
                                  DeWitt County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1065
----------------------------------------------------------------------------------------------------------------
Gohlke Creek.........................  Just upstream of Old Clinton                +166  Unincorporated Areas of
                                        Road.                                             DeWitt County.
                                       Approximately 800 feet                      +167
                                        downstream of West Heaton
                                        Street.
SCS Channel..........................  Approximately 1.1 miles                     +178  Unincorporated Areas of
                                        downstream of Old Cheapside                       DeWitt County.
                                        Road.
                                       Approximately 650 feet                      +184
                                        downstream of Terrell 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.

                                                    ADDRESSES
                                      Unincorporated Areas of DeWitt County
Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954.
----------------------------------------------------------------------------------------------------------------

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

    Dated: December 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-33190 Filed 1-3-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Notices]
[Page 65010]
[DOCID:fr21oc10-44]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-11-003]

ECOP Gas Company, LLC; Notice of Compliance Filing

October 13, 2010.
    Take notice that on October 8, 2010, ECOP Gas Company, LLC (ECOP)
filed its Refund Report pursuant to its July 30, 2010, Settlement
Agreement approved by an August 12, 2010, Letter Order.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 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 date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not 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 7 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 Friday, October 22, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-26481 Filed 10-20-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]
[Page 59692-59694]
[DOCID:fr09oc08-152]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58719; File No. SR-CBOE-2008-103]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Permit Electronic Indicative FLEX Quotes

October 2, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 30, 2008, the Chicago Board Options Exchange,
Incorporated ( ``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules related to Flexible
Exchange Options (``FLEX Options'') \5\ in order to adopt provisions
codifying certain electronic Indicative FLEX Quote functionality. The
text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.org/Legal), at the Exchange's Office of the
Secretary and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \5\ FLEX Options provide investors with the ability to customize
basic option features including size, expiration date, exercise
style, and certain exercise prices.
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below.

The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to modify Rule 24B.14,
FLEX Official, and to include a new definition of the term ``Indicative
FLEX Quote'' in Rule 24B.1, Definitions, in order to make clear that
non-binding electronic indications of the market for particular series
of FLEX Options may be periodically supplied by FLEX Traders \6\ and
displayed on the FLEX Hybrid Trading System communications network,
which is made available to all FLEX Traders that chose to receive the
information. Under the proposed rule text, a FLEX Official \7\ may call
for such Indicative FLEX quotes at any time during the course of
trading and with respect to any series of FLEX Options that the FLEX
Official deems appropriate. In addition, FLEX Traders may call for
Indicative FLEX Quotes, updates thereto, or cancellations thereof.
---------------------------------------------------------------------------

    \6\ The reference to ``FLEX Traders'' includes any Exchange
members that have been approved by the Exchange to use the FLEX
Hybrid Trading System and any non-member Sponsored Users that have
been provided electronic access, through Sponsoring Members, to the
FLEX Hybrid Trading System in accordance with Rule 6.20A, Sponsored
Users.
    \7\ The Exchange may at any time designate an Exchange employee
or independent contractor to act as a FLEX Official in one or more
classes of FLEX Options. A FLEX Official performs the functions set
out in Rule 24B.14.
---------------------------------------------------------------------------

    This ability to call for and provide electronic Indicative FLEX
Quotes is somewhat like the Indicative FLEX Quote functionality that
CBOE previously utilized on its open outcry-based FLEX RFQ System (the
``legacy FLEX system''),\8\ except that under the proposed FLEX Hybrid
Trading System application: FLEX Officials and all FLEX Traders have
the ability to electronically request an Indicative FLEX Quote
(previously under the legacy FLEX system, only FLEX Officials had the
ability to make a verbal request on their own motion or at the request
of a Market-Maker); FLEX Traders can now electronically communicate
their Indicative FLEX Quotes (previously such quotes were only
verbalized by Market-Makers in open outcry); and the information is
disseminated over the FLEX Hybrid Trading System communications network
interface (previously the information was disseminated at the trading
post and over a different communications network). We believe the
ability to request and provide Indicative FLEX Quotes over the
interface serves as a useful tool for FLEX Traders to obtain
information about indicative FLEX markets, and the above-described
distinctions represent an enhancement to the former process by
providing a more efficient and effective means of communication.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 31920 (February 24,
1993), 58 FR 12280 (March 3, 1993)(SR-CBOE-92-17)(approval of rule
change that, among other things, established the legacy FLEX system
rule provisions pertaining to Indicative FLEX Quotes) and 56792
(November 15, 2007), 72 FR 65776 (November 23, 2007)(SR-CBOE-2006-
99)(approval of rule change that, among other things, deleted the
legacy FLEX system rule provisions pertaining to Indicative FLEX
Quotes because the then-existing functionality was no being longer
utilized).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act \9\ and the rules and
regulations thereunder, in general, and Section 6(b)(5),\10\ in
particular, in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The proposed rule change allows FLEX
Traders to more efficiently and effectively communicate information
about indicative prices to the benefit of customers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(1).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange neither solicited nor received comments on the
proposal.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\ At any time within 60 days of the filing of such
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-103 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2008-103. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than

those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2008-103 and should be submitted on or before October 30, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23927 Filed 10-8-08; 8:45 am]

BILLING CODE 8011-01-P