Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1071]
 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
  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**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
+174Little 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
+262Long Creek
Approximately 845 feet upstream of First Avenue
None
+254
Unincorporated Areas of Pickens County.( print page 47161)Approximately 1,123 feet upstream of First Avenue
None
+255Lubbub 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
+227Stream 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
+196Tombigbee 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
+80Blue Creek
Just downstream of Valee Road
None
+74
Unincorporated Areas of Holmes County.Approximately 1.9 miles upstream of Jack Johnson Road
None
+88Camp 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
+122Camp 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
+124Caney 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
+68Cow 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
+92Cow 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
+153Hathaway 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( print page 47162)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
+80Mill 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
+76Old Creek
Just downstream of R.M. Ward Road
None
+59
Town of Westville.Approximately 0.6 miles upstream of R.M Ward Road
None
+59Parrot Creek
Just upstream of Rum Road
None
+88
Unincorporated Areas of Holmes County.At the confluence with Hand Branch
None
+88Sandy 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
+102Unnamed 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
+80West 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
+80Wrights 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
+691Little 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.( print page 47163)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
+196Hickory 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
+173Palmetto Creek
Just upstream of Highway 171
+132
+131
Unincorporated Areas of Beauregard Parish, City of Deridder.Just downstream of Highway 190
+181
+180Unnamed 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
+819Little 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( print page 47164)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