8814 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 

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. 

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: 

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) 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 Assistant 

Administrator for Mitigation 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 floodprone 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. 

■ Accordingly, 44 CFR part 67 is 

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. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

Pope County, Arkansas, and Incorporated Areas 

Docket No.: FEMA–B–1028 

Arkansas River ......................... At the intersection with the Arkansas Avenue bridge ......... +323 Unincorporated Areas of

Pope County. 

At the confluence with Lake Dardanelle ............................. +340 

Lake Dardanelle ........................ Approximately 8.323 miles downstream of the Highway 40 

bridge.

+340 Unincorporated Areas of 

Pope County, City of Russellville. 

At the intersection with the Pleasant View Road bridge .... +347 

Whig Creek ............................... Approximately 5,166 feet from South Frankfort Avenue .... +330 Unincorporated Areas of 

Pope County, City of Russellville. 

Approximately 218 feet downstream of McHenry Road ..... +340 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 


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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 8815 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

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

ADDRESSES 

City of Russellville 

Maps are available for inspection at 716 North El Paso Avenue, Russellville, AR 72801. 

Unincorporated Areas of Pope County 

Maps are available for inspection at 420 North Hampton Avenue, Suite B, Russellville, AR 72801. 

Forrest County, Mississippi, and Incorporated Areas 

Docket No.: FEMA–B–1016 

Black Creek .............................. At the Forrest/Perry county boundary ................................. +140 Unincorporated Areas of Forrest County. 

At the Lamar/Forrest county boundary ............................... +205 

Boggy Branch ........................... At the confluence with Greens Creek ................................. +172 Unincorporated Areas of Forrest County, City of Petal. 

Approximately 2,870 feet upstream of Otis Lee Road ....... +233 

Gordons Creek ......................... Just upstream of West Street ............................................. +159 City of Hattiesburg. 

Approximately 2,260 feet upstream of Interstate 59 ........... +252 

Greens Creek ........................... At Chappell Hill Road .......................................................... +171 Unincorporated Areas of Forrest County, City of Petal. 

Approximately 4,220 feet upstream of Robertson Road .... +242 

Little Beaver Creek ................... Approximately 2,820 feet downstream of Churchwell Road +187 Unincorporated Areas of Forrest County. 

At the Lamar/Forrest county boundary ............................... +237 

Mixons Creek ............................ At U.S. Route 49 ................................................................. +163 City of Hattiesburg. 

At I–59 ................................................................................. +176 

Approximately 120 feet upstream of I–59 ........................... +176 

Approximately 380 feet upstream of I–59 ........................... +176 

Approximately 2,080 feet downstream of West 4th Street +193 

Mixons Creek Tributary 1 ......... Approximately 2,900 feet upstream of Dogwood Cove ...... +197 City of Hattiesburg. 

Approximately 3,800 feet upstream of Dogwood Cove ...... +204 

Mixons Creek Tributary 2 ......... Approximately 118 feet downstream of Spring Hill Drive ... +190 City of Hattiesburg. 

Approximately 1,460 feet upstream of Bridges Circle ........ +208 

Mixons Creek Tributary 4 ......... Just upstream of Joy Drive ................................................. +196 City of Hattiesburg. 

Approximately 1.8 mile upstream of Joy Drive ................... +283 

Unnamed Tributary 2 ................ Approximately 111 feet downstream of Hillcrest Loop ....... +149 City of Petal. 

Approximately 335 feet upstream of Chandler Lane .......... +188 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Hattiesburg 

Maps are available for inspection at City Hall, 200 Forrest Street, Hattiesburg, MS 39401. 

City of Petal 

Maps are available for inspection at City Hall, 107 West 8th Avenue, Petal, MS 39401. 

Unincorporated Areas of Forrest County 

Maps are available for inspection at the Forrest County Courthouse, 629 Main Street, Hattiesburg, MS 39401. 

Lamar County, Mississippi, and Incorporated Areas 

Docket No.: FEMA–B–1018 

Gordons Creek ......................... At I–59 ................................................................................. +252 Unincorporated Areas of 

Lamar County. 

Approximately 1,984 feet upstream of I-59 ......................... +252 

Little Beaver Creek ................... Approximately 0.8 mile downstream of Browns Bridge 

Road.

+227 Unincorporated Areas of 

Lamar County. 

Approximately 210 feet upstream of Browns Bridge Road +237 

Mill Creek No. 1 ........................ Approximately 1,800 feet downstream of Hardie Road ...... +260 Unincorporated Areas of 

Lamar County, Town of 

Sumrall. 

Approximately 1.6 mile upstream of State Highway 42 ...... +313 

Mixons Creek Tributary 3 ......... Approximately 935 feet upstream of the confluence with 

Mixons Creek.

+187 Unincorporated Areas of 

Lamar County. 


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8816 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

Approximately 1.5 mile upstream of the confluence with 

Mixons Creek.

+235 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

Town of Sumrall 

Maps are available for inspection at the Town Hall, 4880 Highway 589, Sumrall, MS 39482. 

Unincorporated Areas of Lamar County 

Maps are available for inspection at the County Administrator’s Office, 403 Main Street, Purvis, MS 39475. 

Cortland County, New York (All Jurisdictions) 

Docket No.: FEMA–B–7784 

Blue Creek ................................ At the confluence with Dry Creek ....................................... +1185 Town of Cortlandville. 

Approximately 215 feet upstream of Kinney Gulf Road ..... +1204 

Dry Creek .................................. Approximately 720 feet downstream of North Main Street +1116 City of Cortland, Town of 

Cortlandville. 

Approximately 330 feet upstream of Kinney Gulf Road ..... +1211 

Gridley Creek ............................ At the confluence with the Tioughnioga River .................... +1044 Town of Virgil. 

Approximately 1.8 mile upstream of Page Green Road ..... +1462 

Gridley Creek Tributary 9 ......... At the confluence with Gridley Creek ................................. +1354 Town of Virgil. 

Approximately 1,915 feet upstream of State Route 392 .... +1396 

Gridley Creek Tributary 9–1 ..... At the confluence with Hope Lake ...................................... +1429 Town of Virgil. 

Approximately 0.4 mile upstream of Clute Road ................ +1564 

Hope Lake ................................ Entire shoreline within the Town of Virgil ........................... +1429 Town of Virgil. 

Mosquito Creek ......................... Approximately 50 feet upstream of West Center Street ..... +1150 Town of Cortlandville, Village 

of McGraw. 

Approximately 0.78 mile upstream of Heath Road ............. +1509 

Otselic River ............................. Approximately 991 feet downstream of Route 23 .............. +1034 Town of Cincinnatus.

Approximately 1.6 mile upstream of Telephone Road ....... +1053 

Otter Creek ............................... Approximately 130 feet upstream of North Main Street ..... +1121 City of Cortland, Town of 

Cortlandville. 

Approximately 70 feet upstream of State Route 13 ........... +1186 

Otter Creek Tributary 3 ............. At the confluence with Otter Creek ..................................... +1170 Town of Cortlandville. 

Approximately 1,000 feet upstream of Gutchess Lumber 

Service Road.

+1170 

Skaneateles Lake ..................... Entire shoreline within the Town of Scott ........................... +867 Town of Scott. 

Song Lake ................................. Entire shoreline within the Town of Preble ......................... +1195 Town of Preble. 

Tioughnioga River Reach 2 ...... Approximately 0.58 mile downstream of Main Street ......... +1014 Town of Marathon, Village of 

Marathon. 

Approximately 0.85 mile upstream of Main Street .............. +1023 

Trout Brook ............................... At Town of Solon Corporate Limits, approximately 1.280 

mile upstream of Hollow Road.

+1204 Town of Solon. 

Approximately 1.288 mile upstream of Hollow Road .......... +1204 

Tully Lake ................................. Entire shoreline within the Town of Preble ......................... +1195 Town of Preble. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground.START 

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

ADDRESSES 

City of Cortland 

Maps are available for inspection at City Hall, 25 Court Street, Cortland, NY 13045. 

Town of Cincinnatus 

Maps are available for inspection at the Town Hall, 2770 Lower Cincinnatus Road, Cincinnatus, NY 13040. 

Town of Cortlandville 

Maps are available for inspection at the Cortlandville Town Hall, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY 

13045. 

Town of Marathon 

Maps are available for inspection at the Town of Marathon Highway Department, 16 Brink Street, Marathon, NY 13803. 

Town of Preble 

Maps are available for inspection at the Town Hall, 1968 Preble Road, Preble, NY 13141. 

Town of Scott 


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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 8817 

1Aff’d sub nom. CSX Transp., Inc. v. STB, 568 

F.3d 236 (DC Cir. 2009), and vacated in part on 

other grounds on reh’g, CSX Transp., Inc. v. STB, 

584 F.3d 1076 (DC Cir. 2009). 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

Maps are available for inspection at the Scott Town Hall, 6689 State Route 41, Homer, NY 13077. 

Town of Solon 

Maps are available for inspection at the Solon Town Hall, 4012 North Tower Road, East Freetown, NY 13040. 

Town of Virgil 

Maps are available for inspection at the Virgil Town Hall, 1176 Church Street, Cortland, NY 13045. 

Village of Marathon 

Maps are available for inspection at the Marathon Village Hall, 18 Tannery Street, Marathon, NY 13803. 

Village of McGraw 

Maps are available for inspection at the Village Hall, 1 Cemetery Street, McGraw, NY 13101. 

Coshocton County, Ohio, and Incorporated Areas 

Docket No.: FEMA–B–1020 

Muskingum River ...................... 170 feet upstream of the railroad crossing over the 

Muskingum River east of the Village of Conesville.

+737 Village of Conesville. 

260 feet upstream of the railroad crossing over the 

Muskingum River east of the Village of Conesville.

+737 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

Village of Conesville 

Maps are available for inspection at the Coshocton County Engineer’s Office, 23194 County Road 621, Coshocton, OH 43812. 

Chippewa County, Wisconsin, and Incorporated Areas 

Docket No.: FEMA–B–7799 

Chippewa River ........................ Just upstream of the Jim Falls Dam Powerhouse .............. +955 Unincorporated Areas of 

Chippewa County, City of 

Cornell. 

Just downstream of the Cornell Dam ................................. +980 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Cornell 

Maps are available for inspection at City Hall, 222 Main Street, Cornell, WI 54732. 

Unincorporated Areas of Chippewa County 

Maps are available for inspection at the Chippewa County Clerk’s Office, 711 North Bridge Street, Room 109, Chippewa Falls, WI 54729. 

(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. 2010–4070 Filed 2–25–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1135 

[STB Ex Parte No. 682] 

Annual Submission of Tax Information 

for Use in the Revenue Shortfall 

Allocation Method 

ACTION: Final rule. 

SUMMARY: The Surface Transportation 

Board (Board) is amending 49 CFR part 

1135 to add a rule that requires the 

Association of American Railroads 

(AAR) to annually update each Class I 

railroad’s weighted average State tax 

rate for use in the Revenue Shortfall 

Allocation Method (RSAM). RSAM is 

one of three benchmarks that together 

are used to determine the 

reasonableness of a challenged rate 

under the Board’s Simplified Standards 

for Rail Rate Cases, STB Docket No. 646 

(Sub-No. 1) (STB served Sept. 5, 2007) 

(Simplified Standards).1 The new rule 

requires that the AAR submit this 

information by May 30 of each year. 


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