46068 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / 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 

Unincorporated Areas of Oconto County 

Maps are available for inspection at 301 Washington Street, Oconto, WI 54153. 

Village of Lena 

Maps are available for inspection at 117 East Main Street, Lena, WI 54139. 

Village of Pulaski 

Maps are available for inspection at 421 South Saint Augustine Street, Pulaski, WI 54162–0320. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–21469 Filed 9–4–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1065] 

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 December 7, 2009. 

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–1065, 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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules 46069 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

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) 

Communities affected 

Effective Modified 

Colfax County, New Mexico, and Incorporated Areas 

Ranton Creek ...................... Approximately 450 feet downstream of Kiowa Avenue.None +6541 Unincorporated Areas of 

Colfax County. 

Approximately 150 feet downstream of Kiowa Avenue.None +6547 

* 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 

Unincorporated Areas of Colfax County 

Maps are available for inspection at the Floodplain Manager’s Office, 116 South 3rd Street, Raton, NM 87740. 

Luna County, New Mexico, and Incorporated Areas 

Mimbres River ..................... Approximately 2.1 miles upstream of State Highway 549 Southeast.+4152 +4151 Unincorporated Areas of Luna 

County. 

Approximately 1,500 feet downstream of Interstate 

Highway 10.

+4280 +4282 

* 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 

Unincorporated Areas of Luna County 

Maps are available for inspection at 201 East Cody Street, Deming, NM 88030. 

Taos County, New Mexico, and Incorporated Areas 

Bitter Creek ......................... At the confluence with Red River ............................. +8654 +8659 Town of Red River, Unincorporated Areas of Taos 

County. 

Approximately 1,150 feet upstream of High Creek .. None +8696 

Red River ............................ Just upstream of High Cost Trail ............................. +8608 +8612 Town of Red River, Unincorporated Areas of Taos 

County. 

Approximately 1.08 miles downstream of Goose 

Lake Trail 66.

None +8782 

Rio Lucero .......................... At the confluence with Rio Pueblo De Taos ............ None +6886 Pueblo of Taos. 

Approximately 0.56 miles upstream of Paseo Del 

Pueblo Norte Road.

None +6995 

Rio Pueblo De Taos ........... Just upstream of Karavas Road ............................... None +6886 Town of Taos, Pueblo of Taos. 

Approximately 600 feet downstream of Paseo Del 

Pueblo Norte Road.

None +6952 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

46070 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / 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 

∧ 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 

Pueblo of Taos 

Maps are available for inspection at the Floodplain Administrator’s Office, 105 Albright Street, Suite A, Taos, NM 87571. 

Town of Red River 

Maps are available for inspection at 100 East Main Street, Red River, NM 87558. 

Town of Taos 

Maps are available for inspection at the Planning Department, 400 Camino De La Placita, Taos, NM 87571. 

Unincorporated Areas of Luna County 

Maps are available for inspection at the Floodplain Administrator’s Office, 105 Albright Street, Suite A, Taos, NM 87571. 

Cannon County, Tennessee, and Incorporated Areas 

East Fork Stones River ...... Approximately 80 feet downstream of confluence 

with Lehman Branch.

None +690 Unincorporated Areas of Cannon County. 

Approximately 40 feet upstream of Dolittle Road .... None +706 

* 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 

Unincorporated Areas of Cannon County 

Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190. 

Stewart County, Tennessee, and Incorporated Areas 

Tennessee River ................. County Boundary Between Houston/Stewart Counties, Tennessee (approximately River Mile 74.2).None +375 Unincorporated Areas of Stewart County. 

From the Kennedy/Tennessee state boundary (approximately River Mile 49.2).None +375 

* 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 

Unincorporated Areas of Stewart County 

Maps are available for inspection at 226 Lakeview Drive, Dover, TN 37058. 

DeWitt County, Texas, and Incorporated Areas 

Gohlke Creek ...................... Just upstream of Old Clinton Road .......................... None +166 Unincorporated Areas of 

DeWitt County. 

Approximately 800 feet downstream of West 

Heaton Street.

None +167 

SCS Channel ...................... Approximately 1.1 miles downstream of Old 

Cheapside Road.

None +178 Unincorporated Areas of 

DeWitt County. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules 46071 

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 650 feet downstream of Terrell 

Street.

None +184 

* 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 

Unincorporated Areas of DeWitt County 

Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954. 

Medina County, Texas, and Incorporated Areas 

Burnt Boot Creek ................ Approximately 1,570 feet downstream of the intersection of Thompson Avenue.None +634 Unincorporated Areas of Medina County, City of Devine. 

Approximately 0.54 miles upstream of the intersection of RM 92.None +700 

Chacon Creek ..................... Approximately 1.46 miles downstream of the intersection of Highway 81.None +660 Unincorporated Areas of Medina County, City of Natalia. 

Approximately 698 feet upstream of the intersection 

of RM 139.

None +717 

East Branch of Live Oak 

Creek.

Approximately 2.28 miles downstream of the intersection of Highway 90.None +847 Unincorporated Areas of Medina County, City of Hondo. 

Approximately 2.02 miles upstream of the intersection of Highway 90.None +913 

Elm Slough ......................... Approximately 1.13 miles downstream of CR 446 ... None +803 Unincorporated Areas of Medina County, City of Hondo. 

Approximately 1,987 feet upstream of Co. Highway 

443.

None +888 

Flat Creek ........................... Approximately 2.4 miles downstream of the intersection of Highway 90.None +720 Unincorporated Areas of Medina County, City of 

Castroville. 

Approximately 1.7 miles upstream of the intersection of Highway 90.None +784 

Fort Ewell Creek ................. Just upstream of the confluence of Chacon Creek None +694 Unincorporated Areas of Medina County, City of Natalia. 

Just downstream of the intersection of RM 136 ...... None +701 

Hondo Creek ....................... Approximately 0.50 miles downstream of CR 4526 None +839 Unincorporated Areas of Medina County. 

Approximately 1.29 miles upstream of Vandenburg 

Road.

None +917 

Hondo Creek Tributary ....... Approximately 873 feet downstream of Highway 

173.

None +862 Unincorporated Areas of Medina County. 

Approximately 0.62 miles upstream of Highway 173 None +878 

Kempf Creek ....................... Just upstream of the confluence of Medina River ... None +758 Unincorporated Areas of Medina County, City of 

Castroville. 

Approximately 215 feet downstream of the intersection of Farm Road 471.None +778 

Little Live Oak Creek and 

flooding effects.

Approximately 1.41 miles downstream of the intersection of CR 532.None +812 Unincorporated Areas of Medina County, City of Hondo. 

Approximately 1,011 feet upstream of 19th Street .. None +897 

Little Sous Creek ................ Approximately 4,009 feet downstream of the intersection of Highway 90.None +737 Unincorporated Areas of Medina County. 

Approximately 2.2 miles upstream of the intersection of Highway 90.None +827 

Medina River ....................... Approximately 0.60 miles downstream of the intersection of Lacoste Road.None +689 Unincorporated Areas of Medina County, City of 

Castroville. 

Approximately 1.8 miles upstream of the confluence of Kempf Creek.None +767 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

46072 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / 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 

Parkers Creek ..................... Approximately 2.71 miles downstream of the intersection of FM 2200.None +826 Unincorporated Areas of Medina County. 

Approximately 1.61 miles upstream of the intersection of Highway 90.None +914 

Polecat Creek ..................... Approximately 0.55 miles downstream of the intersection of Dhanis Street.None +708 Unincorporated Areas of Medina County, City of 

LaCoste. 

Approximately 503 feet upstream of the intersection 

of FM 471.

None +722 

San Fransisco Perez Creek Approximately 0.49 miles downstream of the intersection of RM 101.None +646 Unincorporated Areas of Medina County, City of Devine. 

Approximately 1.1 miles upstream of the intersection of RM 90.None +699 

Seco Creek ......................... Approximately 5.94 miles downstream of the intersection of CR 512.None +838 Unincorporated Areas of Medina County. 

Approximately 4.1 miles upstream of the intersection of CR 428.None +935 

South Fork San Geronimo 

Creek.

Approximately 786 feet downstream of the confluence of Unnamed Tributary 1 to South Fork 

San Geronimo Creek.

None +1324 Unincorporated Areas of Medina County. 

Approximately 947 feet upstream of the confluence 

of Unnamed Tributary 2 to South Fork San Geronimo Creek.

None +1407 

South Polecat Creek ........... Approximately 0.42 miles downstream of the intersection of Dhanis Street.None +708 Unincorporated Areas of Medina County, City of 

LaCoste. 

Approximately 0.44 miles upstream of the intersection of Contis Avenue.None +730 

Tehuacana Creek ............... Approximately 1.24 miles downstream of the confluence of East Tehuacana Creek.None +623 Unincorporated Areas of Medina County. 

Just downstream of the confluence of West Fork 

Tehuacana Creek.

None +660 

Unnamed Tributary 1 to 

San Geronimo Creek.

Approximately 1.4 miles upstream of the confluence of San Geronimo Creek.None +1360 Unincorporated Areas of Medina County. 

Approximately 2.6 miles upstream of the confluence of San Geronimo Creek.None +1465 

Unnamed Tributary 1 to 

South Fork San Geronimo Creek.

Just upstream of the confluence of South Fork San 

Geronimo Creek.

None +1345 Unincorporated Areas of Medina County. 

Approximately 1,844 feet upstream of the confluence of South Fork San Geronimo Creek.None +1371 

Unnamed Tributary 2 to 

South Fork San Geronimo Creek.

Just upstream of the confluence of South Fork San 

Geronimo Creek.

None +1401 Unincorporated Areas of Medina County. 

Approximately 1,069 feet upstream of the confluence of South Fork San Geronimo Creek.None +1412 

Unnamed Tributary 2 to 

San Geronimo Creek.

Approximately 779 feet upstream of the intersection 

of RT 37.

None +1295 Unincorporated Areas of Medina County. 

Approximately 0.65 miles upstream of the intersection of RT 37.None +1339 

Unnamed Tributary to Medina Diversion Reservoir.Approximately 1,514 feet downstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir.None +1159 Unincorporated Areas of Medina County. 

Approximately 1.4 miles upstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir.None +1242 

Unnamed Tributary to 

Unnamed Tributary to 

Medina Diversion Reservoir.

Just upstream of the confluence of Unnamed Tributary to Medina Diversion Reservoir.None +1173 Unincorporated Areas of Medina County. 

Approximately 0.8 miles upstream of the confluence of Unnamed Tributary to Medina Diversion Reservoir.None +1264 

West Branch Little Live Oak 

Creek.

Approximately 0.57 miles downstream of intersection of CR 532.None +832 Unincorporated Areas of Medina County, City of Hondo. 

Approximately 0.39 miles upstream of the intersection of CR 530.None +885 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules 46073 

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 

West Fork Tehuacana Tributary.Just upstream of the confluence of West Fork 

Tehuacana Creek.

None +668 Unincorporated Areas of Medina County. 

Approximately 0.62 miles upstream of CR 732 ....... None +699 

West Prong Atascosa River Approximately 295 feet downstream of the intersection of Main Street.None +693 Unincorporated Areas of Medina County, City of Lytle. 

Just downstream of the intersection of CR 681 ....... None +715 

West Tehuacana Creek ...... Just upstream of the confluence of Tehuacana 

Creek.

None +662 Unincorporated Areas of Medina County. 

Approximately 1,258 feet upstream of the intersection of CR 732.None +707 

* 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 Castroville 

Maps are available for inspection at 703 Paris Street, Castroville, TX 78009. 

City of Devine 

Maps are available for inspection at 303 South Teel Drive, Devine, TX 78016. 

City of Hondo 

Maps are available for inspection at 1600 Avenue M, Hondo, TX 78861. 

City of LaCoste 

Maps are available for inspection at 16004 South Front Street, LaCoste, TX 78039. 

City of Lytle 

Maps are available for inspection at 19325 FM 2790, Lytle, TX 78052. 

City of Natalia 

Maps are available for inspection at 300 3rd Street, Natalia, TX 78059. 

Unincorporated Areas of Medina County 

Maps are available for inspection at 709 Avenue Y, Hondo, TX 78861. 

Washington County, Texas, and Incorporated Areas 

Hog Branch ......................... Approximately 2,500 feet upstream of North Blue 

Bell Road.

None +240 Unincorporated Areas of 

Washington County. 

Approximately 1,000 feet upstream of North Blue 

Bell Road.

None +249 

Little Sandy Creek .............. Approximately 300 feet upstream of Old Independence Road.None +240 Unincorporated Areas of 

Washington County. 

Approximately 200 feet downstream of Burleson 

Street.

None +278 

* 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 

Unincorporated Areas of Washington County 

Maps are available for inspection at the County Courthouse, 100 East Main, Brenham, TX 77833. 

Box Elder County, Utah, and Incorporated Areas 

Box Elder Creek ................. Just upstream of Watery Lane ................................. None +4236 City of Brigham City. 

Upstream end of Mayor’s Pond spillway .................. None +4541 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

46074 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / 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 

* 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 Brigham City 

Maps are available for inspection at 20 North Main Street, Brigham City, UT 84302. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–21471 Filed 9–4–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1072] 

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 December 7, 2009. 

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–1072, 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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS