the Office’s estimate (as previously containing alternative language will You may submit comments, identified
noted) that close to one third of all comply with the proposed rule (i.e., the by Docket No. FEMA–B–7765, to
patent applications containing applications will not need to incur the William R. Blanton, Jr., Chief,
alternative language are submitted by cost of amendments or divisional Engineering Management Branch,
small entities, this alternative would applications due to alternative language Mitigation Directorate, Federal
greatly diminish the rule making’s that is of an improper format or requires Emergency Management Agency, 500 C
ability to improve the patent intra-claim restriction). Street, SW., Washington, DC 20472,
prosecution process and result in higher 7. The benefits of the rule making. (202) 646–3151, or (email)
quality patents. 8. Other information related to this bill.blanton@dhs.gov.
6. Identification, to the extent Initial Regulatory Flexibility Analysis, FOR FURTHER INFORMATION CONTACT:
practicable, of all relevant Federal rules including any assumptions or findings William R. Blanton, Jr., Chief,
which may duplicate, overlap or conflict stated above. Engineering Management Branch,
with the proposed rules: The Office is Dated: March 5, 2008. Mitigation Directorate, Federal
the sole U.S. government agency Emergency Management Agency, 500 C
John Doll,
responsible for administering the Street, SW., Washington, DC 20472,
Commissioner for Patents.
provisions of title 35, United States (202) 646–3151 or (e-mail)
Code, pertaining to examination and [FR Doc. E8–4744 Filed 3–7–08; 8:45 am]
bill.blanton@dhs.gov.
granting patents. Therefore, no other BILLING CODE 3510–16–P
SUPPLEMENTARY INFORMATION: The
federal, state, or local entity shares
jurisdiction over the examination and Federal Emergency Management Agency
granting patents. (FEMA) proposes to make
DEPARTMENT OF HOMELAND
Other countries, however, have their determinations of BFEs and modified
SECURITY
own patent laws, and an entity desiring BFEs for each community listed below,
a patent in a particular country must Federal Emergency Management in accordance with section 110 of the
make an application for patent in that Agency Flood Disaster Protection Act of 1973,
country, in accordance with the 42 U.S.C. 4104, and 44 CFR 67.4(a).
applicable law. Although the potential 44 CFR Part 67 These proposed BFEs and modified
for overlap exists internationally, this BFEs, together with the floodplain
cannot be avoided except by treaty [Docket No. FEMA–B–7765] management criteria required by 44 CFR
(such as the Paris Convention for the 60.3, are the minimum that are required.
Proposed Flood Elevation They should not be construed to mean
Protection of Industrial Property, or the Determinations
Patent Cooperation Treaty (PCT)). that the community must change any
Nevertheless, the Office believes that AGENCY: Federal Emergency existing ordinances that are more
there are no other duplicative or Management Agency, DHS. stringent in their floodplain
overlapping rules. management requirements. The
ACTION: Proposed rule. community may at any time enact
7. Request for data and information in
support of the Final Regulatory SUMMARY: Comments are requested on stricter requirements of its own, or
Flexibility Analysis: The Office the proposed Base (1 percent annual- pursuant to policies established by other
welcomes comments addressing the chance) Flood Elevations (BFEs) and Federal, State, or regional entities.
economic impact on small entities of proposed BFE modifications for the These proposed elevations are used to
any or all provisions of the proposed communities listed in the table below. meet the floodplain management
rule. In particular, however, the Office The purpose of this notice is to seek requirements of the NFIP and are also
is soliciting information on the general information and comment used to calculate the appropriate flood
following: regarding the proposed regulatory flood insurance premium rates for new
1. Alternative approaches that would elevations for the reach described by the buildings built after these elevations are
reduce the burden of the rule for small downstream and upstream locations in made final, and for the contents in these
entities while meeting the Office’s the table below. The BFEs and modified buildings.
objectives. BFEs are a part of the floodplain Comments on any aspect of the Flood
2. The costs of modifying an management measures that the Insurance Study and FIRM, other than
application that already is under review community is required either to adopt the proposed BFEs, will be considered.
as needed to comply with the rule: or show evidence of having in effect in A letter acknowledging receipt of any
a. The cost of filing one or more order to qualify or remain qualified for comments will not be sent.
divisional applications. Administrative Procedure Act
participation in the National Flood
b. The cost of correcting a claim that Statement. This matter is not a
Insurance Program (NFIP). In addition,
is in an improper format, and factors rulemaking governed by the
these elevations, once finalized, will be
that might cause this cost to vary. Administrative Procedure Act (APA), 5
used by insurance agents, and others to
3. The number of patent applications U.S.C. 553. FEMA publishes flood
calculate appropriate flood insurance
submitted by unique small entities per elevation determinations for notice and
premium rates for new buildings and
year (or per decade). comment; however, they are governed
the contents in those buildings.
4. Factors that influence an by the Flood Disaster Protection Act of
applicant’s decision to file divisional DATES: Comments are to be submitted 1973, 42 U.S.C. 4105, and the National
applications. on or before June 9, 2008. Flood Insurance Act of 1968, 42 U.S.C.
5. Issues that might affect the ADDRESSES: The corresponding 4001 et seq., and do not fall under the
ebenthall on PRODPC61 with PROPOSALS
combined impact of alternative language preliminary Flood Insurance Rate Map APA.
that requires intra-claim restriction and (FIRM) for the proposed BFEs for each National Environmental Policy Act.
is of an improper format. community are available for inspection This proposed rule is categorically
6. The extent to which applicants will at the community’s map repository. The excluded from the requirements of 44
adjust to the new rules over time, such respective addresses are listed in the CFR part 10, Environmental
that future initial patent applications table below. Consideration. An environmental
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 12685
impact assessment has not been that have federalism implications under PART 67—[AMENDED]
prepared. Executive Order 13132.
Regulatory Flexibility Act. As flood Executive Order 12988, Civil Justice 1. The authority citation for part 67
elevation determinations are not within Reform. This proposed rule meets the continues to read as follows:
the scope of the Regulatory Flexibility applicable standards of Executive Order Authority: 42 U.S.C. 4001 et seq.;
Act, 5 U.S.C. 601–612, a regulatory 12988. Reorganization Plan No. 3 of 1978, 3 CFR,
flexibility analysis is not required.
Executive Order 12866, Regulatory List of Subjects in 44 CFR Part 67 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
Planning and Review. This proposed 3 CFR, 1979 Comp., p. 376.
Administrative practice and
rule is not a significant regulatory action § 67.4 [Amended]
procedure, Flood insurance, Reporting
under the criteria of section 3(f) of
and recordkeeping requirements. 2. The tables published under the
Executive Order 12866, as amended.
Executive Order 13132, Federalism. Accordingly, 44 CFR part 67 is authority of § 67.4 are proposed to be
This proposed rule involves no policies proposed to be amended as follows: amended as follows:
Effective Modified
Natalbany River .................... Approximately 2.5 miles upstream of State Route 40 +100 +97 Town of Amite City, Unin-
intersection. corporated Areas of
Tangipahoa Parish.
Approximately 185 feet upstream of State Route 1048 +181 +183
Summit Brook ....................... Approximately 50 feet downstream of East Lake Road None +562 Village of Tuxedo Park.
Approximately 1,318 feet downstream of East Lake None +562
Road.
Allen Creek ........................... At the confluence with Richland Creek ........................ +2740 +2741 Unincorporated Areas of
ebenthall on PRODPC61 with PROPOSALS
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12686 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
Effective Modified
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 12687
Effective Modified
North Hominy Creek ............. At the confluence with Hominy Creek .......................... +2389 +2392 Unincorporated Areas of
Haywood County, Town
of Canton.
Approximately 0.3 mile upstream of Peaceful Path ..... None +2709
Pigeon River ......................... At the confluence of Big Creek .................................... None +1409 Unincorporated Areas of
Haywood County, Town
of Canton, Town of
Clyde.
At the confluence of East Fork Pigeon River and +2653 +2650
West Fork Pigeon River.
Pigeon River Tributary At the confluence with Pigeon River ............................ +2594 +2595 Unincorporated Areas of
(Waterville Lake). Haywood County, Town
of Canton.
Approximately 950 feet upstream of Pruett Ridge ....... None +2676
Plott Creek ............................ Approximately 200 feet upstream of the confluence +2701 +2702 Unincorporated Areas of
with Richland Creek. Haywood County, Town
of Waynesville.
Approximately 650 feet upstream of Serenity Moun- None +3223
tain Road.
Raccoon Creek ..................... At the confluence with Richland Creek ........................ +2577 +2576 Town of Waynesville.
Approximately 1,040 feet upstream of Test Farm None +2652
Road (State Road 1810).
Richland Creek ..................... At the confluence with Pigeon River ............................ None +2506 Unincorporated Areas of
Haywood County, Town
of Waynesville.
Approximately 440 feet upstream of U.S. Highway 23 None +3057
Rush Fork ............................. At the confluence with Pigeon River ............................ None +2458 Unincorporated Areas of
Haywood County.
Approximately 1,380 feet upstream of Palmer Pond None +2588
Road.
Shallow Flooding Area .......... Northeast intersection of Railroad and Lea Plant None #3 Town of Waynesville.
Road.
Approximately 100 feet northeast of Elysinia Avenue +2708 #3
and Hazelwood Avenue intersection.
Shelton Creek ....................... At the confluence with Richland Creek ........................ +2611 +2610 Town of Waynesville.
Approximately 500 feet upstream of U.S. Highway None +2660
276.
Thickety Creek ...................... Approximately 900 feet upstream of the confluence +2555 +2556 Unincorporated Areas of
with Pigeon River. Haywood County.
Approximately 70 feet upstream of Incinerator Road None +2573
(State Road 1550).
West Fork Pigeon River ........ At the confluence with Pigeon River and East Fork Pi- +2653 +2650 Unincorporated Areas of
geon River. Haywood County.
Approximately 2.3 miles upstream of Steel Bridge None +3170
Road (State Road 1216).
Town of Clyde
Maps are available for inspection at Clyde Town Hall, 8437 Carolina Boulevard, Clyde, NC.
Town of Maggie Valley
Maps are available for inspection at Maggie Valley Town Hall, 3987 Soco Road, Maggie Valley, NC.
Town of Waynesville
Maps are available for inspection at Waynesville Town Hall, 16 South Main Street, Waynesville, NC.
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12688 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
Effective Modified
Atlantic Ocean—Entire Approximately 0.8 kilometers northwest of intersection None ∧2.7 Commonwealth of Puerto
Shoreline of the Common- of Carretera 466 and Carretera Municipal. Rico, Municipality of
wealth of Puerto Rico. Ponce.
Approximately 0.9 kilometer northwest of intersection ∧2.4 ∧13.7
of Carretera 681 and Calle B.
Caribbean Sea ...................... Approximately 550 meters southwest of the intersec- None ∧1.5 Commonwealth of Puerto
tion of Calle Dr Vidal and Calle 33. Rico, Municipality of
Ponce.
Shoreline, approximately 2.7 kilometers southwest of ∧2.7 ∧4.6
the intersection of Carretera 307 and Calle A.
Isla Culebra/Atlantic Ocean .. Approximately 1.6 kilometers northwest of the inter- ∧2.1 ∧1.5 Commonwealth of Puerto
section of Calle 1 and Carretera 251. Rico.
Shoreline, approximately 3.0 kilometers northeast of ∧4.3 ∧14.3
the intersection of Calle 1 and Carretera 251
(Punta Flamenco).
Isla Culebra/Ensenada Approximately 90 meters southeast of the intersection ∧3.8 ∧3 Commonwealth of Puerto
Honda. of Calle Luis Munoz Marin and Carretera 250. Rico.
Shoreline, approximately 4.0 kilometers southeast of ∧3.6 ∧8.8
the intersection of Calle Luis Munoz Marin and
Carretera 250.
Isla Vieques/Caribbean Sea Approximately 3.0 kilometers southwest of the inter- ∧2.1 ∧2.4 Commonwealth of Puerto
section of Carretera 200 and Camino Puerto Diablo. Rico.
Shoreline, approximately 6.9 kilometers southwest of ∧3.2 ∧3.8
the intersection of Carretera 201 and Carretera 996.
Isla Vieques/Vieques Pas- Approximately 9.2 kilometers northwest of the inter- ∧2 ∧2.4 Commonwealth of Puerto
sage. section of Carretera 201 and Carretera 996. Rico.
Shoreline, approximately 3.7 kilometers northwest of ∧2.8 ∧6.2
the intersection of Carretera 201 and Carretera 996.
Isla Vieques/Vieques Sound Approximately 9.7 kilometers southeast of the inter- ∧2.1 ∧2.7 Commonwealth of Puerto
section of Carretera 200 and Camino Puerto Diablo. Rico.
Shoreline, approximately 9.8 kilometers southeast of ∧3.2 ∧4.1
the intersection of Carretera 200 and Camino Puer-
to Diablo.
Quebrada Cambute .............. At confluence with Rio Canovanillas ............................ None ∧4.9 Commonwealth of Puerto
Rico.
Approximately 790 meters upstream of confluence None ∧12.1
with Rio Canovanillas.
Quebrada Honda .................. Approximately 2,800 meters upstream of the con- ∧17.4 ∧17 Commonwealth of Puerto
fluence with Rio Cibuco. Rico.
Approximately 2,330 meters upstream of Puerto Rico None ∧74.2
Route 2.
At confluence with Rio Guanajibo ................................ None ∧89.5
Approximately 920 meters upstream of Sector Jeraldo None ∧106.1
Quebrada Mabu .................... At confluence with Rio Humacao ................................. ∧12.8 ∧13.9 Commonwealth of Puerto
Rico.
Approximately 460 meters upstream of Calle B .......... None ∧43.3
Quebrada Mariana ................ At confluence with Rio Humacao ................................. ∧19.6 ∧19 Commonwealth of Puerto
Rico.
Approximately 3,400 meters upstream of Puerto Rico None ∧75.2
Highway 30.
Quebrada Mariana Tributary At confluence with Quebrada Mariana ......................... None ∧20.5 Commonwealth of Puerto
Rico.
Approximately 110 meters upstream of Camino None ∧32.2
Manolo Lopez.
Quebrada la Mina ................. Approximately 220 meters downstream of Puerto Rico None ∧6.1 Commonwealth of Puerto
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 12689
Effective Modified
Rio Bairoa ............................. At confluence with Rio Grande de Loiza Reach 2 ....... ∧51.3 ∧50.9 Commonwealth of Puerto
Rico.
Approximately 290 meters upstream of Calle Gardena ∧90.3 ∧90.1
Rio Caguitas ......................... At confluence of Rio Grande de Loiza Reach 2 .......... ∧52.1 ∧51 Commonwealth of Puerto
Rico.
Approximately 1,830 meters upstream of Calle None ∧81.2
Canaboncito.
Rio Canas ............................. Confluence with Rio Matilde ......................................... 11.7 ∧10.4 Commonwealth of Puerto
Rico, Municipality of
Ponce.
Approximately 520 meters upstream of Avenida 38.3 ∧40.3
Ponce De Leon.
Rio Culebrinas (at San Se- Approximately 1,120 meters downstream of Calle None ∧57.3 Commonwealth of Puerto
bastian). Jose Torres Pino. Rico.
Approximately 1,160 meters upstream of Carretera None ∧69
119.
Rio Culebrinas (at San Se- At confluence with Rio Culebrinas (at San Sebastian) None ∧60.8 Commonwealth of Puerto
bastian) Tributary. Rico.
Approximately 710 meters upstream of Calle Hostos None ∧64.1
Cabrera.
Rio Culebrinas (downstream Approximately 473 meters upstream of Puerto Rico ∧9 ∧8.7 Commonwealth of Puerto
reach). Highway 2. Rico.
Approximately 1,210 meters upstream of Calle Con- None ∧18.6
cepcion Vera Ayala.
Rio Fajardo ........................... Approximately 1,140 meters upstream of mouth ......... None ∧1 Commonwealth of Puerto
Rico.
Approximately 2,050 meters upstream of Carretera None ∧60.7
977.
Rio Grande de Anasco ......... Approximately 300 meters upstream of mouth ............ ∧3 ∧2 Commonwealth of Puerto
Rico.
Approximately 2,370 meters upstream of Carretera None ∧20
406.
Rio Grande de Humacao ...... Approximately 230 meters above mouth ..................... ∧2.9 ∧2 Commonwealth of Puerto
Rico.
Approximately 1,920 meters upstream of Carretera None ∧46.5
914.
Rio Grande de Loiza Reach Approximately 25 meters upstream of Puerto Rico ∧12.8 ∧13.1 Commonwealth of Puerto
1. Highway 3. Rico.
Approximately 5,120 meters upstream of Puerto Rico None ∧28.1
Highway 181.
Rio Grande de Loiza Reach Approximately 3,640 meters downstream of Puerto None ∧49.5 Commonwealth of Puerto
2. Rico Highway 30. Rico.
Approximately 2,700 meters upstream of Carretera None ∧96.4
183.
Rio Grande de Manati .......... Approximately 130 meters upstream of mouth ............ ∧1.5 ∧3 Commonwealth of Puerto
Rico.
Approximately 100 meters upstream of Puerto Rico ∧45.4 ∧49
Route 145.
Rio Guanajibo ....................... Approximately 50 meters downstream of Carretera ∧2 ∧2.4 Commonwealth of Puerto
102. Rico.
Approximately 2,150 meters upstream of Carretera None ∧113
368.
Rio Guatemala ...................... At confluence with Rio Culebrinas (at San Sebastian) None ∧53.6 Commonwealth of Puerto
Rico.
Approximately 1,650 meters upstream of Carretera None ∧71.4
111.
Rio Guayanes ....................... Approximately 450 meters upstream of mouth ............ None ∧3.3 Commonwealth of Puerto
Rico.
Approximately 4,330 meters upstream of Carretera None ∧34.3
182.
ebenthall on PRODPC61 with PROPOSALS
Rio Guayo ............................. Approximately 300 meters upstream of the confluence ∧45.3 ∧45.8 Commonwealth of Puerto
with Rio Inabon. Rico, Municipality of
Ponce.
Approximately 44 meters upstream of Puerto Rico ∧156.8 ∧156.1
Route 512.
Rio Gurabo ............................ At confluence with Rio Grande de Loiza Reach 2 ....... ∧49.6 ∧46.8 Commonwealth of Puerto
Rico.
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12690 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
Effective Modified
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 12691
Effective Modified
North Creek ........................... Approximately 690 feet upstream of NE 195th Street, None +34 City of Bothell, City of
landward of east levee. Woodinville.
Approximately at SR 522, east of I–405, landward of None +34
east levee.
Approximately 820 feet upstream of North Creek None +42
Parkway, landward of east levee.
North Creek ........................... Approximately 100 feet upstream of N 195th Street, None +36 City of Bothell.
landward of west levee.
Approximately 820 feet upstream of North Creek None +42
Parkway, landward of west levee.
(Catalog of Federal Domestic Assistance No. general information and comment (202) 646–3151, or (e-mail)
97.022, ‘‘Flood Insurance.’’) regarding the proposed regulatory flood bill.blanton@dhs.gov.
Dated: February 28, 2008. elevations for the reach described by the FOR FURTHER INFORMATION CONTACT:
Michael K. Buckley, downstream and upstream locations in William R. Blanton, Jr., Chief,
Deputy Assistant Administrator for the table below. The BFEs and modified Engineering Management Branch,
Mitigation, Department of Homeland BFEs are a part of the floodplain Mitigation Directorate, Federal
Security, Federal Emergency Management management measures that the Emergency Management Agency, 500 C
Agency. community is required either to adopt Street, SW., Washington, DC 20472,
[FR Doc. E8–4638 Filed 3–7–08; 8:45 am] or show evidence of having in effect in (202) 646–3151 or (e-mail)
BILLING CODE 9110–12–P order to qualify or remain qualified for bill.blanton@dhs.gov.
participation in the National Flood
SUPPLEMENTARY INFORMATION: The
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be Federal Emergency Management Agency
DEPARTMENT OF HOMELAND
used by insurance agents and others to (FEMA) proposes to make
SECURITY
calculate appropriate flood insurance determinations of BFEs and modified
Federal Emergency Management premium rates for new buildings and BFEs for each community listed below,
Agency the contents in those buildings. in accordance with section 110 of the
Flood Disaster Protection Act of 1973,
DATES: Comments are to be submitted 42 U.S.C. 4104, and 44 CFR 67.4(a).
44 CFR Part 67 on or before June 9, 2008. These proposed BFEs and modified
[Docket No. FEMA–B–7764] ADDRESSES: The corresponding BFEs, together with the floodplain
preliminary Flood Insurance Rate Map management criteria required by 44 CFR
Proposed Flood Elevation (FIRM) for the proposed BFEs for each 60.3, are the minimum that are required.
Determinations community are available for inspection They should not be construed to mean
AGENCY: Federal Emergency at the community’s map repository. The that the community must change any
Management Agency, DHS. respective addresses are listed in the existing ordinances that are more
ACTION: Proposed rule. table below. stringent in their floodplain
You may submit comments, identified management requirements. The
ebenthall on PRODPC61 with PROPOSALS
SUMMARY: Comments are requested on by Docket No. FEMA–B–7764, to community may at any time enact
the proposed Base (1-percent-annual- William R. Blanton, Jr., Chief, stricter requirements of its own, or
chance) Flood Elevations (BFEs) and Engineering Management Branch, pursuant to policies established by other
proposed BFE modifications for the Mitigation Directorate, Federal Federal, State, or regional entities.
communities listed in the table below. Emergency Management Agency, 500 C These proposed elevations are used to
The purpose of this notice is to seek Street, SW., Washington, DC 20472, meet the floodplain management
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