[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43596-43597]
[FR Doc No: 2016-15796]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Schedule for Environmental Review of the Mountain
Valley Pipeine Project and the Equitrans Expansion Project

------------------------------------------------------------------------
                                                    Docket No.
------------------------------------------------------------------------
Mountain Valley Pipeline LLC...........  CP16-10-000
Equitrans LP...........................  CP16-13-000
------------------------------------------------------------------------

    On October 23, 2015, Mountain Valley Pipeline LLC (Mountain Valley)
filed its application with the Federal Energy Regulatory Commission
(FERC or Commission) in Docket No. CP16-10-000, requesting a
Certificate of Public Convenience and Necessity pursuant to Section
7(c) of the Natural Gas Act to construct, operate, and maintain certain
natural gas pipeline facilities. Equitrans LP (Equitrans) filed a
companion application on October 27, 2015 in Docket No. CP16-13-000.
The proposed Mountain Valley Pipeline Project, in West Virginia and
Virginia, would transport about 2 billion cubic feet per day (Bcf/d) of
natural gas from production areas in the Appalachian Basin to markets
on the East Coast. The proposed Equitrans Expansion Project, in
Pennsylvania and West Virginia, would transport about 0.4 Bcf/d of
natural gas and interconnect with the Mountain Valley Pipeline. Because
these are interrelated projects, the FERC staff deemed it was
appropriate to analyze them in a single environmental impact statement
(EIS).
    On November 5, 2015, the FERC issued its Notice of Application for
the projects. Among other things, that notice alerted other agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on the request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's final EIS for the projects. This instant notice
identifies the FERC staff's planned schedule for completion of the
final EIS for the projects, which is based on an issuance of the draft
EIS in September 2016.

Schedule for Environmental Review

Issuance of Notice of Availability of the final EIS, March 10, 2017
90-day Federal Authorization Decision Deadline, June 8, 2017

    If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the projects' progress.

Project Description

    The Mountain Valley Pipeline Project would consist of about 301
miles of new 42-inch-diameter pipeline, beginning at the Mobley
Interconnect and receipt meter station in Wetzel County, West Virginia,
and terminating at the Transco Interconnect and delivery meter station
at the existing Transcontinental Gas Pipe Line Company Compressor
Station 165 in Pittsylvania County, Virginia. In addition, Mountain
Valley intends to construct and operate three new compressor stations
and other aboveground facilities.
    The Equitrans Expansion Project would consist of a total of about 8
miles of various diameter pipelines in six segments. These segments
include the parallel 12-inch-diameter H-158 pipeline and 6-inch-
diameter M-80 pipeline extending about 0.2-mile each in Greene County,
Pennsylvania; the 24-inch-diameter H-305 pipeline that would extend
about 540 feet in Greene County; the 3-mile-long new 30-inch-diameter
H-316 pipeline in Greene County; the 4.2-mile-long new 20-inch-diameter
H-318 pipeline in Allegheny and Washington Counties, Pennsylvania; and
the new H-319 pipeline that would extend about 200 feet in Wetzel
County, West Virginia. Equitrans also proposes to abandon its existing
Pratt Compressor Station and replace it with the new Redhook Compressor
Station in Greene County, Pennsylvania; and to construct and operate
taps in Greene County and Washington County, Pennsylvania, and an
interconnect and two taps in Wetzel County, West Virginia,

Background

    On October 31, 2014 and April 9, 2015, the Commission staff granted
Mountain Valley's and Equitrans' requests to use the FERC's pre-filing
environmental review process and assigned the Mountain Valley Pipeline
Project temporary Docket No. PF15-3-000 and the Equitrans Expansion
Project temporary Docket No. PF15-22-000. The FERC issued a Notice of
Intent to Prepare and Environmental Impact Statement for the Planned
Mountain Valley Pipeline Project, Request for Comments on Environmental
Issues, and Notice of Public Scoping Meetings (NOI) on April 17, 2015.
An NOI for the Equitrans Expansion Project was issued on August 11,
2015, with a scoping period for that project that ended on September
14, 2015.
    The NOIs were issued during the pre-filing review of the projects,
and were

sent to our environmental mailing list that included federal, state,
and local government agencies; elected officials; affected landowners;
regional environmental groups and non-governmental organizations;
Native Americans and Indian tribes; local libraries and newspapers; and
other interested parties. The Mountain Valley Pipeline Project NOI
announced the date, time, and location of six public meetings sponsored
by the FERC in the project area, and a scoping period that ran to June
16, 2015 to take comments on the project. Some of the major issues
raised during scoping included potential impacts on karst terrain and
caves; impacts on groundwater and springs, drinking water supplies, and
surface waterbodies; impacts on forest; impacts on property values and
the use of eminent domain; impacts on tourism; impacts on public
recreational areas such as the Jefferson National Forest, Appalachian
National Scenic Trail, and the Blue Ridge Parkway; impacts on historic
districts; and pipeline safety.
    The United States (U.S.) Department of Agriculture Forest Service,
Jefferson National Forest; U.S. Army Corps of Engineers, Huntington and
Norfolk Districts; U.S. Department of the Interior, Bureau of Land
Management; U.S. Environmental Protection Agency, Region 3; Pipeline
and Hazardous Materials Safety Administration within the U.S.
Department of Transportation; West Virginia Department of Environmental
Protection; and West Virginia Division of Natural Resources are
cooperating agencies in the preparation of the EIS.

Additional Information

    In order to receive notification of the issuance of the EIS and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription (http://www.ferc.gov/docs-filing/esubscription.asp). Additional data about the
projects can be obtained electronically through the Commission's
Internet Web site (www.ferc.gov). Under ``Dockets & Filings,'' use the
``eLibrary'' link, select ``General Search'' from the menu, enter the
docket numbers excluding the last three digits (i.e., CP16-10 or CP16-
13), and the search dates. Questions about the projects can be directed
to the Commission's Office of External Affairs at (866) 208-FERC.

    Dated: June 28, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-15796 Filed 7-1-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Notices]
[Page 46525-46527]
[DOCID:fr20au07-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56245; File No. SR-CBOE-2006-104]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change and Amendment
No. 1 Thereto To Codify the Hybrid Price Check Parameter

August 14, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 7, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the Exchange. On August 1, 2007, the Exchange filed
Amendment No. 1 to the proposed rule change. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.13, CBOE Hybrid System's
Automatic Execution Feature, in order to codify an automated system
feature that prevents executions at potentially erroneous prices.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.cboe.com), at the Exchange's principal office, and

at the Commission's Public Reference Room.

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 Exchange 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 these 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 aspects of such
statements.

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

1. Purpose
    Orders that are eligible for automatic execution through the CBOE
Hybrid Trading System (``Hybrid'') may be automatically executed in
accordance with the provisions of CBOE Rule 6.13. Orders that are not
eligible for automatic execution route on a class by class basis to PAR
(the public automated routing system) or BART (the booth automated
routing terminal) or, at the order entry firm's discretion, to the
order entry firm's booth printer.
    The purpose of the proposed rule change is to amend CBOE Rule 6.13
to codify a description of the Exchange's price check parameter
functionality, which is a functionality that could be activated in
certain series of a given options class that would prevent an automatic
execution of a market order from occurring outside a prescribed market
width. The Exchange represents that the price check parameter is
designed to help maintain a fair and orderly market. Specifically, the
functionality would not automatically execute eligible orders that are
market orders if the width between the Exchange's best bid and best
offer is not within an acceptable price range. The applicable price
ranges will be determined by the appropriate Exchange Procedure
Committee on a series by series basis and will be announced to the
membership via Regulatory Circular generally at least one day in
advance.
    For purposes of this provision, an ``acceptable price range'' shall
be no less than 1.5 times the corresponding bid/ask differentials in
CBOE Rule 8.7(b)(iv)(A).\3\ In addition, the Exchange is proposing that
the senior official in CBOE's Control Room or two Floor Officials may
grant intra-day relief by widening the acceptable price range for one
or more option series. If intra-day relief is granted, it will be
announced via verbal message to the trading crowd, printer message to
member organizations on the trading floor, and electronic message to
members that request to receive such messages. The granting of this
intra-day relief will be for no more than the duration of the
particular trading day. Any decision to extend relief beyond an intra-
day basis would be announced to the membership via Regulatory Circular.
Market orders that trigger the applicable price check parameter and,
thus, that are not eligible for automatic execution, will be routed on
a class by class basis to PAR or BART or, at the order entry firm's
discretion, to the order entry firm's booth printer.
---------------------------------------------------------------------------

    \3\ CBOE Rule 8.7(b)(iv)(A) sets forth the bid/ask differentials
for open outcry trading, which are as follows: No more than $0.25
between the bid and offer for each option contract for which the bid
is less than $2, no more than $0.40 where the bid is at least $2 but
does not exceed $5, no more than $0.50 where the bid is more than $5
but does not exceed $10, no more than $0.80 where the bid is more
than $10 but does not exceed $20, and no more than $1.00 where the
bid is more than $20.
---------------------------------------------------------------------------

    For example, the Exchange may determine to set a price check
parameter that provides that market orders would not automatically
execute if the width between the Exchange's best bid and best offer is
$0.40 or more in a series where the bid is less than $2 ($0.40 is more
than 1.5 x the standard bid/ask differential of $0.25). Assume that the
market in the series is $1.65-$1.85; the bid is for 10 contracts, the
next best bid is $1.50 for 10 contracts, and the next best bid is $0.50
for 10 contracts. An incoming sell order for 50 contracts would trade
against the $1.65 for 10 contracts and the $1.50 for 10 contracts.\4\
When the bid moves to $0.50, the price check parameter would be
triggered because the width between the best bid ($0.50) and best offer
($1.85) is wider than the acceptable $0.40 price range. As a result,
the remaining 30 contracts would route to PAR, BART, or the booth.\5\
---------------------------------------------------------------------------

    \4\ This example assumes that CBOE is at the national best bid
or offer (``NBBO'') at each price point. If CBOE is not at the NBBO,
the order would not be automatically executed at prices inferior to
the NBBO and instead would route to PAR, BART, or the Hybrid Agency
Liaison (``HAL''), which is a feature within Hybrid that provides
automated handling in designated Hybrid option classes for
qualifying electronic orders that are not automatically executed.
See CBOE Rules 6.13(b)(iv) and 6.14.
    \5\ Following from the example above, on an intra-day basis the
senior official or two Floor Officials may determine based on market
conditions to grant relief by widening the acceptable price range
from $0.40 (e.g., the range might be temporarily widened so that
automatic executions would not occur if the width between the best
bid and best offer is $0.80 or more).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent
with the firm quote requirements of CBOE's Rule 8.51, Firm Disseminated
Market Quotes, and the Commission's Rule 602 under Regulation NMS.\6\
In that regard, the Exchange notes that the Quote Rule does not require
an automatic execution.\7\ The Exchange also notes that it would not be
disengaging its auto-ex system by this proposed rule change, but merely
amending the rule to provide for certain circumstances in which market
orders may not receive an automatic execution.
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    \6\ 17 CFR 242.602.
    \7\ See Securities Exchange Act Release No. 47959 (May 30,
2003), 68 FR 34441 (June 9, 2003) (SR-CBOE-2002-05) (order approving
Hybrid, including Hybrid's automatic execution feature).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act \8\ and the rules and regulations under the Act applicable to
national securities exchanges and, in particular, the requirements of
section 6(b) of the Act.\9\ Specifically, the Exchange believes the
proposed rule change is consistent with section 6(b)(5) of the Act,\10\
which requires that the rules of an exchange be 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.
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    \8\ 15 U.S.C. 78s(b)(1).
    \9\ 15 U.S.C. 78f(b).
    \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 that is 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 No. SR-CBOE-2006-104 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2006-104. 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 such filing also will be available for
inspection and copying at the principal office of CBOE. 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-2006-104 and should be
submitted on or before September 10, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-16331 Filed 8-17-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18012-18013]
[FR Doc No: 2019-08555]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1635-000]

Glaciers Edge Wind Project, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Glaciers Edge Wind Project, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 13, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor

must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link
above. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: April 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-08555 Filed 4-26-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Pages 31932-31933]
[FR Doc No: 2016-11896]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2146-165]

Alabama Power Company; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Recreation Plan.
    b. Project No: 2146-165.
    c. Date Filed: March 31, 2016.
    d. Applicant: Alabama Power Company.
    e. Name of Project: Coosa River Hydroelectric Project.
    f. Location: The project is located on the Coosa River in Cherokee,
Calhoun, Etowah, St. Clair, Talladega, Chilton, Coosa, Shelby, and
Elmore Counties, Alabama, as well as Floyd County, Georgia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: David Anderson, Alabama Power Company, 600
18th Street North, P.O. Box 2641, Birmingham, AL, 35203-8180, (205)
257-1398<EMAIL_ADDRESS>    i. FERC Contact: Dr. Mark Ivy,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: June 13, 2016.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The first page of any
filing should include docket number P-2146-165.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: As required by article 413 of the
license, Alabama Power Company requests Commission approval of a
proposed recreation plan for the project. The recreation plan provides
a description of all existing and proposed recreation sites at the
project (including any planned improvements at each site), an
evaluation of existing signage at each site, a review of soil erosion
and sediment control measures planned to stabilize shorelines where
ground disturbing activities may occur, a discussion of refuse
management at project recreation sites including implementation of a
``carry in/carry out'' program, a description of how the needs of
persons with disability were considered in the planning and design of
recreation facilities, and a provision to monitor woody debris.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list

prepared by the Commission in this proceeding, in accordance with 18
CFR 385.2010.

    Dated: May 12, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-11896 Filed 5-19-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Proposed Rules]
[Page 12821-12823]
[DOCID:fr25mr09-65]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1034]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

DATES: Comments are to be submitted on or before June 23, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1034, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202) 646-3151 or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own, or pursuant to policies established
by other Federal, State, or regional entities. These proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

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

PART 67--[AMENDED]

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

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

Sec.  67.4  [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in feet
                                                                                (NGVD)  + Elevation
                                                                                in feet (NAVD)
                                                                                Depth in
             State               City/town/county      Source of           Location**         feet above ground
                                                       flooding                             [caret] Elevation in
                                                                                meters (MSL)
                                                                                ---------------------
                                                                                Existing   Modified
----------------------------------------------------------------------------------------------------------------
                                         Village of Dansville, New York
----------------------------------------------------------------------------------------------------------------
New York......................  Village of         Canaseraga Creek  In the northern             None       *607
                                 Dansville.                           annexation, west of
                                                                      State Route 63, east
                                                                      of the railroad, and
                                                                      approximately 2800
                                                                      feet north of
                                                                      Zerfass Road..
                                                                     In the northern             None       *610
                                                                      annexation, just
                                                                      east of the
                                                                      railroad,
                                                                      approximately 1500
                                                                      feet north of
                                                                      Zerfass Road along
                                                                      the railroad..
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Village of Dansville
Maps are available for inspection at 14 Clara Barton Street, Village of Dansville, NY 14437.
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD)
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Ralls County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bear Creek..........................  Lilly Avenue...........         None         +499  Unincorporated Areas of
                                                                                Ralls County.
                                      Hydesburg Road.........         None         +562
Mississippi River...................  Divergence of Gilberts          None         +471  Unincorporated Areas of
                                       Chute.                                             Ralls County.
                                      Confluence of Marble            None         +475
                                       Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

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

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
                                      Unincorporated Areas of Ralls County
Maps are available for inspection at 311 South Main Street, New London, MO 63459.
----------------------------------------------------------------------------------------------------------------
                               Pittsburg County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tributary AA........................  Approximately 2790 feet         +707         +715  City of Mcalester.
                                       downstream of 14th
                                       Street.
                                      Approximately 2160 feet         +720         +724
                                       downstream of 14th
                                       Street.
Tributary B.........................  Approximately 470 feet          +689         +686  Unincorporated Areas of
                                       downstream of C Street.                            Pittsburg County, City
                                                                                of McAlester.
                                      Approximately 1700 feet         +732         +728
                                       upstream of Swallow
                                       Drive.
Tributary E.........................  Approximately 1200 feet         None         +654  Unincorporated Areas of
                                       upstream of Highway                                Pittsburg County.
                                       270.

                                      Approximately 5000 feet         None         +658
                                       upstream of Highway
                                       270.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of McAlester
Maps are available for inspection at 28 East Washington Street, McAlester, OK 74502.
                                    Unincorporated Areas of Pittsburg County
Maps are available for inspection at 115 East Carl Albert Parkway, McAlester, OK 74501.
----------------------------------------------------------------------------------------------------------------
                                   Bowie County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Days Creek..........................  Approximately 4910 feet         None         +255  Unincorporated Areas of
                                       downstream of Loop 151.                            Bowie County.
                                      Approximately 1480 feet         None         +273
                                       upstream of Lubbock
                                       Street.
No Name Creek.......................  Approximately 1015 feet         None         +281  Unincorporated Areas of
                                       upstream of Lakeridge                              Bowie County.
                                       Drive.
                                      Approximately 1273 feet         None         +290
                                       downstream of
                                       Lakeridge Drive.
Un-Named Tributary of Days Creek....  Confluence of Un-Named          None         +259  Unincorporated Areas of
                                       Tributary and Days                                 Bowie County.
                                       Creek.
                                      Approximately 2663 feet         None         +261
                                       upstream of confluence
                                       of Days Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

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

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
                                      Unincorporated Areas of Bowie County
Maps are available for inspection at Courthouse, 710 James Bowie Drive, New Boston, TX 75570.
----------------------------------------------------------------------------------------------------------------

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

    Dated: January 22, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6645 Filed 3-24-09; 8:45 am]

BILLING CODE 9110-12-P