Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 9561 

(4) If the bridge is not opened during 

a particular scheduled opening per 

paragraph (d)(3)(ii) of this section and a 

vessel has made prior arrangements for 

a delayed opening, the draw tender may 

provide a single opening up to 30 

minutes past that scheduled opening 

time for that signaling vessel, except at 

2:30 p.m. The draw tender may provide 

a single opening up to 20 minutes past 

the 2:30 p.m. scheduled opening time 

for a signaling vessel that made prior 

arrangements for a delayed opening. A 

vessel may make prior arrangements for 

a delayed opening by contacting the 

Berkley Bridge Traffic Control room at 

(757) 494–2490. 

Dated: February 11, 2010. 

Wayne E. Justice, 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. 2010–4362 Filed 3–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1106] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before June 1, 2010. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is 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–1106, to Kevin 

C. Long, Acting Chief, Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–2820, 

or (e-mail) kevin.long@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2820, or (e-mail) 

kevin.long@dhs.gov. 

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. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 


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9562 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Lee County, Iowa, and Incorporated Areas 

Des Moines River (Mississippi River Backwater).At the confluence with the Mississippi River ................ +502 +499 City of Keokuk. 

Approximately 700 feet upstream of Burlington Northern Railroad.+502 +499 

Devils Creek (Mississippi 

River Backwater).

Just upstream of the confluence with the Mississippi 

River.

+523 +524 Unincorporated Areas of 

Lee County, City of Fort 

Madison. 

Approximately 900 feet downstream of 235th Street ... +523 +524 

Dry Creek .............................. Just upstream of the confluence with the Mississippi 

River.

+524 +525 City of Fort Madison. 

Approximately 100 feet downstream of Atchison Topeka and Santa Fe Railway (Southernmost track).+524 +525 

Fork Creek ............................ Just upstream of the confluence with the Mississippi 

River.

+525 +526 City of Fort Madison. 

Approximately 100 feet downstream of Burlington 

Northern Railroad.

+525 +526 

French Creek ........................ Approximately 600 feet upstream of B Avenue ........... None +558 Unincorporated Areas of 

Lee County. 

Approximately 700 feet upstream of B Avenue ........... None +558 

Horton Creek ......................... On the downstream side of Burlington Northern Railroad.+522 +523 City of Montrose. 

Approximately 200 feet downstream of 2nd Street ...... +522 +523 

Jack Creek (Backwater from 

Mississippi River).

Approximately 1,300 feet upstream of 1st Street ........ +522 +523 City of Montrose. 

On the downstream side of Burlington Northern Railroad.+522 +523 

Mississippi River ................... At the confluence with the Des Moines River .............. +502 +499 Unincorporated Areas of 

Lee County, City of Fort 

Madison, City of Keokuk, City of Montrose. 

Approximately 4.7 miles downstream of the confluence with the Skunk River.+528 +529 

Mississippi River Tributary 

(Backwater from Mississippi River).

Approximately 100 feet upstream of Atchison Topeka 

and Santa Fe Railway.

+523 +524 Unincorporated Areas of 

Lee County. 

Approximately 0.6 mile upstream of Ortho Road ......... +523 +524 

Soap Creek ........................... Just upstream of the confluence with the Mississippi 

River.

+503 +500 City of Keokuk. 

Approximately 500 feet downstream of 7th Street ....... +503 +502 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

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

exact locations of all BFEs to be changed. 

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Fort Madison 

Maps are available for inspection at 811 Avenue East, Fort Madison, IA 52627. 

City of Keokuk 

Maps are available for inspection at 415 Blondeau Street, Keokuk, IA 52632. 

City of Montrose 

Maps are available for inspection at 102 South 2nd Street, Montrose, IA 52639. 

Unincorporated Areas of Lee County 

Maps are available for inspection at 415 Blondeau Street, Keokuk, IA 52632. 

Clinton County, Missouri, and Incorporated Areas 

Concord Creek ...................... Approximately 30 feet upstream of the confluence 

with Funkhouser Creek.

None +879 City of Plattsburg. 


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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 9563 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 25 feet downstream of East Concord 

Drive.

None +901 

Dicks Creek ........................... Approximately 20 feet upstream of the City of Trimble 

corporate limit.

None +931 City of Trimble, Unincorporated Areas of Clinton 

County. 

Funkhouser Creek ................ Approximately 725 feet downstream of the confluence 

with Concord Creek.

None +876 City of Plattsburg. 

Approximately 350 feet downstream of the confluence 

with Concord Creek.

None +878 

Funkhouser Creek ................ Approximately 225 feet upstream of Broadway Street None +923 City of Plattsburg, Unincorporated Areas of Clinton 

County. 

Approximately 25 feet downstream of Plotsky Avenue None +943 

Smithland Lake ..................... Entire shoreline ............................................................. None +876 City of Trimble, Unincorporated Areas of Clinton 

County. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

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

exact locations of all BFEs to be changed. 

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Plattsburg 

Maps are available for inspection at 114 West Maple Street, Plattsburg, MO 64477. 

City of Trimble 

Maps are available for inspection at 201 Port Arthur Road, Trimble, MO 64492. 

Unincorporated Areas of Clinton County 

Maps are available for inspection at 207 North Main Street, Room 3, Plattsburg, MO 64477. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Sandra K. Knight, 

Deputy Assistant Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2010–4343 Filed 3–2–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204 and 252 

Defense Federal Acquisition 

Regulation Supplement; Safeguarding 

Unclassified Information (DFARS Case 

2008–D028) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Advance notice of proposed 

rulemaking (ANPR) and notice of public 

meeting. 

SUMMARY: DoD is seeking comments 

from Government and industry on 

potential changes to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to address requirements for the 

safeguarding of unclassified 

information. The changes would add a 

new subpart and associated contract 

clauses for the safeguarding, proper 

handling, and cyber intrusion reporting 

of unclassified DoD information within 

industry. 

DATES: Public Meeting: A public meeting 

will be held on April 22, 2010, from 8 

a.m. to 4 p.m. EST. Attendees should 

register for the public meeting at least 2 

weeks in advance to ensure adequate 

room accommodations. Registrants will 

be given priority if room constraints 

require limits on attendance. Attendees 

wishing to make a short, issue-based 10- 

minute presentation on this topic 

should submit a copy of the 

presentation to the address shown 

below. 

Special Accommodations: The public 

meeting is physically accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Mr. 

Julian Thrash, telephone 703–602–0310, 

at least 10 working days prior to the 

meeting date. 

Submission of Comments: Comments 

on this ANPR should be submitted in 

writing to the address shown below no 

later than May 3, 2010. 

ADDRESSES: Public Meeting: The public 

meeting will be held in the National 

Aeronautics and Space Administration’s 

(NASA) James E. Webb Memorial 

auditorium, NASA HQ, 300 E Street 

SW., Washington, DC 20546. Interested 

parties may register by faxing the 

following information to DPAP(DARS) 

at 703–602–0350, or e-mail to 

julian.thrash@osd.mil by April 8, 2010: 

(1) Company or organization name; 

(2) Names of persons attending; 


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