47160 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1071] 

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 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–1071, 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: 

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 

Pickens County, Alabama, and Incorporated Areas 

Big Ditch .................................... Approximately 1,317 feet upstream of the confluence with Tributary 1.None +163 Unincorporated Areas of 

Pickens County. 

Approximately 1.1 mile upstream of the confluence 

with Tributary 1.

None +174 

Little Bear Creek ........................ Approximately 0.8 miles downstream of U.S. Highway 82.None +235 Unincorporated Areas of 

Pickens County. 

Approximately 1 mile upstream of First Avenue ....... None +262 

Long Creek ................................ Approximately 845 feet upstream of First Avenue ... None +254 Unincorporated Areas of 

Pickens County. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 47161 

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 1,123 feet upstream of First Avenue None +255 

Lubbub Creek ............................ Approximately 0.9 miles downstream of U.S. Highway 82.None +220 Unincorporated Areas of 

Pickens County. 

Approximately 1,292 feet upstream of U.S. Highway 

82.

None +227 

Stream 2 .................................... Approximately 1,375 feet downstream of the confluence with Stream 3.None +196 Unincorporated Areas of 

Pickens County. 

Approximately 1,300 feet downstream of the confluence with Stream 3.None +196 

Tombigbee River ....................... Approximately 1.4 miles downstream of the confluence with Beaver Creek.None +144 City of Memphis. 

Approximately 0.9 miles downstream of the confluence with Beaver Creek.None +144 

* 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 Memphis 

Maps are available for inspection at 128 Memphis Circle, Aliceville, AL 35442. 

Unincorporated Areas of Pickens County 

Maps are available for inspection at Judicial Center, 20 Phoenix Avenue, Room 102, Carrollton, AL 35447. 

Holmes County, Florida, and Incorporated Areas 

Bay Branch ................................ Approximately 1,922 feet upstream of the confluence with West Pittman Creek.None +80 Unincorporated Areas of 

Holmes County. 

Approximately 1.5 miles upstream of the confluence 

with West Pittman Creek.

None +80 

Blue Creek ................................. Just downstream of Valee Road ............................... None +74 Unincorporated Areas of 

Holmes County. 

Approximately 1.9 miles upstream of Jack Johnson 

Road.

None +88 

Camp Branch ............................. Approximately 670 feet downstream of Bonifay 

Chipley Road.

None +87 Unincorporated Areas of 

Holmes County, City of 

Bonifay. 

Approximately 364 feet upstream of N. Waukesha 

Street.

None +122 

Camp Branch Tributary 1 .......... Approximately 1,216 feet downstream of Joe White 

Road.

None +87 Unincorporated Areas of 

Holmes County, City of 

Bonifay. 

Approximately 1,047 feet upstream of Industrial 

Drive.

None +124 

Caney Branch ............................ Approximately 1,725 feet upstream of the confluence with Wrights Creek.None +68 Unincorporated Areas of 

Holmes County. 

Approximately 0.9 miles upstream of the confluence 

with Wrights Creek.

None +68 

Cow Branch ............................... Approximately 1,232 feet downstream of Ammons 

Road.

None +70 Unincorporated Areas of 

Holmes County, Town 

of Ponce De Leon. 

Approximately 0.4 miles upstream of Grant Road .... None +92 

Cow Branch Tributary 1 ............. At the confluence with Cow Branch .......................... None +82 Unincorporated Areas of 

Holmes County, Town 

of Ponce De Leon. 

Approximately 0.7 miles upstream of Grant Road .... None +153 

Hathaway Mill Creek .................. Just downstream of Hathaway Mill Road ................. None +63 Unincorporated Areas of 

Holmes County. 

Approximately 0.4 miles upstream of Hathaway Mill 

Road.

None +63 


sroberts on DSKD5P82C1PROD with PROPOSALS
47162 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 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 

Merrill Branch ............................. At the confluence with Bay Branch ........................... None +80 Unincorporated Areas of 

Holmes County. 

Approximately 0.8 miles upstream of the confluence 

with Bay Branch.

None +80 

Mill Creek ................................... Approximately 1,492 feet downstream of Jack 

Brown Drive.

None +59 Unincorporated Areas of 

Holmes County, Town 

of Ponce De Leon. 

Approximately 735 feet downstream of Jack Brown 

Drive.

None +76 

Old Creek ................................... Just downstream of R.M. Ward Road ....................... None +59 Town of Westville.

Approximately 0.6 miles upstream of R.M Ward 

Road.

None +59 

Parrot Creek .............................. Just upstream of Rum Road ..................................... None +88 Unincorporated Areas of 

Holmes County. 

At the confluence with Hand Branch ........................ None +88 

Sandy Creek .............................. Approximately 200 feet downstream of County 

Highway 81A.

None +84 Unincorporated Areas of 

Holmes County. 

Approximately 1.5 miles upstream of County Highway 183A.None +102 

Unnamed Tributary to Bay 

Branch.

At the confluence with Bay Branch ........................... None +80 Unincorporated Areas of 

Holmes County. 

Approximately 0.8 miles upstream of the confluence 

with Bay Branch.

None +80 

West Pittman Creek ................... Just downstream of County Highway 179A .............. None +80 Unincorporated Areas of 

Holmes County. 

Approximately 1,454 feet upstream of County Highway 179A.None +80 

Wrights Creek ............................ Just downstream of Adolph Whitaker Road ............. None +88 Unincorporated Areas of 

Holmes County. 

Approximately 1.9 miles upstream of Bush Road .... None +148 

* 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 Bonifay 

Maps are available for inspection at City Hall, 301 J. Harvey Ethridge Street, Bonifay, FL 32425. 

Town of Ponce De Leon 

Maps are available for inspection at the Town Hall, 1580 Highway 90, Ponce De Leon, FL 32455. 

Town of Westville 

Maps are available for inspection at the Town Hall, 2523 North Pine Street, Westville, FL 32464. 

Unincorporated Areas of Holmes County 

Maps are available for inspection at the Chamber of Commerce, 106 East Byrd Avenue, Bonifay, FL 32425. 

Johnson County, Kentucky, and Incorporated Areas 

Big Mine Fork (Backwater effects from Paintsville Lake).From confluence with Paintsville Lake to approximately 1 mile upstream of confluence with 

Paintsville Lake.

None +730 Unincorporated Areas of 

Johnson County. 

Colvin Branch (Backwater effects from Paintsville Lake).From confluence with Paintsville Lake to approximately 1,700 feet upstream of confluence with 

Paintsville Lake.

None +730 Unincorporated Areas of 

Johnson County. 

Left Fork Blaine Creek ............... Just downstream of confluence with Keaton Fork .... None +690 Unincorporated Areas of 

Johnson County. 

Approximately 150 feet upstream of KY–469 ........... None +691 

Little Mine Fork (Backwater effects from Paintsville Lake).From confluence with Big Mine Fork to approximately 1,100 feet upstream of confluence with 

Big Mine Fork.

None +730 Unincorporated Areas of 

Johnson County. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 47163 

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 

Little Paint Creek (Backwater effects from Paintsville Lake).From confluence with Paintsville Lake to approximately 1.3 miles upstream of confluence with 

Paintsville Lake.

None +730 Unincorporated Areas of 

Johnson County. 

Paintsville Lake .......................... Entire shoreline of Paintsville Lake ........................... None +730 Unincorporated Areas of 

Johnson 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 

Unincorporated Areas of Johnson County 

Maps are available for inspection at 908 3rd Street, Paintsville, KY 41240. 

Beauregard Parish, Louisiana, and Incorporated Areas 

Cowpen Creek ........................... Just downstream of Graybow Road .......................... +175 +174 Unincorporated Areas of 

Beauregard Parish. 

Approximately 0.9 miles upstream of Sunset Lane .. +197 +196 

Hickory Branch Creek ................ Approximately 0.7 miles downstream of Mays Street +161 +160 Unincorporated Areas of 

Beauregard Parish, City 

of Deridder. 

Approximately 1300 feet upstream of Park Road ..... +174 +173 

Palmetto Creek .......................... Just upstream of Highway 171 ................................. +132 +131 Unincorporated Areas of 

Beauregard Parish, City 

of Deridder. 

Just downstream of Highway 190 ............................. +181 +180 

Unnamed Tributary of Cowpen 

Creek.

At the confluence with Cowpen Creek ...................... +193 +192 Unincorporated Areas of 

Beauregard Parish. 

Approximately 0.4 miles upstream of Country Lane +193 +192 

* 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 Deridder 

Maps are available for inspection at 200 South Jefferson Street, Deridder, LA 70634. 

Unincorporated Areas of Beauregard Parish 

Maps are available for inspection at 201 West 2nd Street, Deridder, LA 70634. 

Pontotoc County, Oklahoma, and Incorporated Areas 

Clear Boggy Creek .................... Approximately 990 feet downstream of Highway 

377.

None +817 Unincorporated Areas of 

Pontotoc County, City 

of Ada. 

Approximately 400 feet downstream of Stonecipher 

Boulevard.

None +819 

Little Sandy Creek ..................... Approximately 900 feet downstream of North 3570 

Road.

None +916 Unincorporated Areas of 

Pontotoc County, City 

of Ada. 

Approximately 528 feet upstream of Constant Avenue.+982 +984 


sroberts on DSKD5P82C1PROD with PROPOSALS
47164 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 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 

Town Branch .............................. Approximately 1,500 feet downstream of North 

3700 Road.

None +822 Unincorporated Areas of 

Pontotoc County, Town 

of Allen. 

Approximately 1,550 feet upstream of East B Street None +852 

* 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 Ada 

Maps are available for inspection at 231 South Townsend Street, Ada, OK 78420. 

Town of Allen 

Maps are available for inspection at 109 North Memphis Street, Allen, OK 78425. 

Unincorporated Areas of Pontotoc County 

Maps are available for inspection at 120 West 13th Street, Ada, OK 74821. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Edward L. Connor, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–22106 Filed 9–14–09; 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–1064] 

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 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–1064, 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. 


sroberts on DSKD5P82C1PROD with PROPOSALS