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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-1068]
 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 
                        ( print page 47180)
                        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 14, 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-1068, 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
  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 affectedEffective
Modified**Franklin County, Arkansas, and Incorporated Areas**Flooding Effects of Arkansas River into a previous shaded X zone downstream of the confluence of White Oak Creek
Approximately 682 feet downstream of the Missouri Pacific Railroad
None
+382
Unincorporated Areas of Franklin County.Just downstream of the Missouri Pacific Railroad
None
+382Flooding effects of the Arkansas River into a previous shaded X zone downstream of the confluence of White Oak Creek
Approximately 0.5 miles downstream of the Missouri Pacific Railroad
None
+381
Unincorporated Areas of Franklin County.Just downstream of the Missouri Pacific Railroad
None
+381* 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.( print page 47181)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 Franklin County**Maps are available for inspection at 211 West Commercial Street, Ozark, AR 72949.**Marshall County, Illinois, and Incorporated Areas**Illinois River
Approximately 0.57 miles downstream of Illinois State Highway 18
None
+461
City of Henry.Approximately 0.69 miles upstream of Illinois State Highway 18
None
+461Illinois River
Approximately 0.73 miles downstream of Illinois State Highway 17
None
+461
City of Lacon.Approximately 0.83 miles upstream of Illinois State Highway 17
None
+461* 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 Henry**Maps are available for inspection at City Hall, 426 East Park Row, Henry, IL 61537.**City of Lacon**Maps are available for inspection at City Hall, 406 5th Street, Lacon, IL 61540.**Cass County, Iowa, and Incorporated Areas**Baughmans Creek
Just upstream of 540th Street
None
+1,091
Unincorporated Areas of Cass County.Approximately 900 feet downstream of Adair Street
None
+1,098Approximately 400 feet downstream of Main Street
None
+1,103Approximately 650 feet upstream of Main Street
None
+1,106East Nishnabotna River
Just upstream of Jasper Road
None
+1,136
Unincorporated Areas of Cass County.Just downstream of the confluence with Troublesome Creek
None
+1,154Troublesome Creek
Just upstream of the confluence with East Nishnabotna River
None
+1,154
Unincorporated Areas of Cass County.Just upstream of Olive Street
None
+1,154Approximately 0.4 miles upstream of 635th Street
None
+1,163Approximately 0.5 miles upstream of 635th Street
None
+1,163* 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 Cass County**Maps are available for inspection at 5 West 7th Street, Atlantic, IA 50022.( print page 47182)**Natchitoches Parish, Louisiana, and Incorporated Areas**Bayou Jacko
Just upstream of Lafayette Street
None
+110
Unincorporated Areas of Natchitoches Parish.Approximately 200 feet upstream of Bowena Street
None
+124Bayou Julien Tributary
Approximately 725 feet upstream of State Highway 478
None
+107
Unincorporated Areas of Natchitoches Parish.Just downstream of Fairgrounds Road
None
+114* 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 Natchitoches Parish**Maps are available for inspection at the Police Jury, 200 Church Street, Natchitoches, LA 71457.**Winston County, Mississippi, and Incorporated Areas**Hughes Creek
Approximately 1,193 feet upstream from the confluence of Stream 2
None
+487
Unincorporated Areas of Winston County.Approximately 1,534 feet upstream from the confluence of Stream 2
None
+488Stream 1
Approximately 96 feet downstream of Files Road
None
+497
Unincorporated Areas of Winston County.Approximately 222 feet upstream of Files Road
None
+498Stream 2
Approximately 1,079 feet upstream from the confluence of Hughes Creek
None
+484
Unincorporated Areas of Winston County.Approximately 1,380 feet upstream from the confluence of Hughes Creek
None
+485* 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 Winston County**Maps are available for inspection at the County Courthouse, 115 West Main Street, Louisville, MS 39339.**Adair County, Oklahoma, and Incorporated Areas**8th Street Tributary
At the confluence of Caney Creek and 8th Street Tributary
None
+1,055
Unincorporated Areas of Adair County, City of Stilwell.Just downstream of 8th Street
None
+1,069Caney Creek
Approximately 1,926 feet downstream of the 4696 Road
None
+977
Unincorporated Areas of Adair County, City of Stilwell.Just upstream of Oklahoma Street
+1,111
+1,118* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ Mean Sea Level, rounded to the nearest 0.1 meter.( print page 47183)** 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 Stilwell**Maps are available for inspection at 503 West Division Street, City Clerk's Office, Stilwell, OK 74960.**Unincorporated Areas of Adair County**Maps are available for inspection at Commissioners Office, 2nd and Division Street, Stilwell, OK 74960.**Perry County, Tennessee, and Incorporated Areas**Tennessee River
Approximately 15 miles downstream of U.S. Highway 412
None
+375
Unincorporated Areas of Perry County.Approximately 18.2 miles upstream of U.S. Highway 412
None
+386* 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 Perry County**Maps are available for inspection at 121 East Main Street, Linden, TN 37096.**Hill County, Texas, and Incorporated Areas**Hackberry Creek
Approximately 1,000 feet downstream of Tributary of Hackberry Creek
None
+557
Unincorporated Areas of Hill County.Just upstream of confluence with Little Hackberry Creek
None
+563Little Hackberry Creek
At the confluence of Hackberry Creek
None
+563
Unincorporated Areas of Hill County.Approximately 1,500 feet upstream of confluence with Pecan Creek
None
+568Pecan Creek
At the confluence of Little Hackberry Creek
None
+568
Unincorporated Areas of Hill County.Just upstream of State Highway 171
None
+579Stream WC-1A
Approximately 850 feet upstream of State Highway Spur 180
None
+587
Unincorporated Areas of Hill County.Approximately 750 feet downstream of County Road 1244
None
+597* 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 Hill County**Maps are available for inspection at the Hill County Courthouse, 201 East Franklin Street, Hillsboro, TX 76645.( print page 47184)**Upshur County, Texas, and Incorporated Areas**Victory Branch
Approximately 680 feet downstream of Salt Water Road
None
+315
Unincorporated Areas of Upshur County.Approximately 650 feet downstream of Salt Water Road
None
+315* 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 Upshur County**Maps are available for inspection at the County Courthouse, 100 West Tyler Street, Gilmer, TX 75644.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Edward L. Connor, Acting Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-22112 Filed 9-14-09; 8:45 am] BILLING CODE 9110-12-P