Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 48043 

other document prepared by the 

enrolled actuary, or his or her employee 

or agent, that was presented to the client 

with respect to a prior representation if 

such document is necessary for the 

taxpayer to comply with his or her 

current legal obligations. The term 

‘‘records of the client’’ does not include 

any return, claim for refund, schedule, 

affidavit, appraisal or any other 

document prepared by the enrolled 

actuary or the enrolled actuary’s firm, 

employees or agents if the enrolled 

actuary is withholding such document 

pending the client’s performance of its 

contractual obligation to pay fees with 

respect to such document. 

* * * * * 

(m) The rules of this section apply to 

all actuarial services and related acts 

performed on or after the date these 

regulations are published as final 

regulations in the Federal Register. 

Par. 10. Section 901.31 is amended by 

revising paragraphs (a) and (c) 

introductory text to read as follows: 

§ 901.31 Grounds for suspension or 

termination of enrollment. 

(a) Failure to satisfy requirements for 

enrollment. The enrollment of an 

actuary may be terminated if it is found 

that the actuary did not satisfy the 

eligibility requirements set forth in 

§ 901.11 or § 901.12. 

* * * * * 

(c) Disreputable conduct. The 

enrollment of an actuary may be 

suspended or terminated if it is found 

that the actuary has, at any time after 

he/she applied for enrollment, engaged 

in any conduct set forth in § 901.12(f) or 

other conduct evidencing fraud, 

dishonesty, or breach of trust. Such 

other conduct includes, but is not 

limited to, the following: 

* * * * * 

Par. 11. Section 901.32 is amended by 

revising the last sentence to read as 

follows: 

§ 901.32 Receipt of information 

concerning enrolled actuaries. 

* * * If any other person has 

information of any such violation, he/ 

she may make a report thereof to the 

Executive Director. 

Par. 12. Section 901.47 is amended by 

revising the last sentence to read as 

follows: 

§ 901.47 Transcript. 

* * * Copies of exhibits introduced 

at the hearing or at the taking of 

depositions will be supplied to parties 

upon the payment of a reasonable fee 

(31 U.S.C. 9701). 

Par. 13. Section 901.72 is added to 

read as follows: 

§ 901.72 Additional rules. 

The Joint Board may, in notice or 

other guidance of general applicability, 

provide additional rules regarding the 

enrollment of actuaries. 

Zenaida Samaniego, 

Chairman, Joint Board for the Enrollment of 

Actuaries. 

[FR Doc. E9–22454 Filed 9–18–09; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1074] 

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 21, 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–1074, 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
48044 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 

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 

Boone County, Arkansas, and Incorporated Areas 

Crooked Creek ...................... Approximately 200 feet downstream of Highway 65 ... None +1,047 Unincorporated Areas of 

Boone County. 

Approximately 1,300 feet upstream of Cloverhill Road None +1,070 

Dry Jordan Creek .................. Approximately 0.63 miles upstream of Goblin Drive .... None +1,167 Unincorporated Areas of 

Boone County. 

Approximately 0.64 miles upstream of Goblin Drive .... None +1,167 

Dry Jordan Tributary ............. Approximately 560 feet upstream of Highway 65 ........ None +1,208 Unincorporated Areas of 

Boone County. 

Approximately 720 feet upstream of Highway 65 ........ None +1,208 

* 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 Boone County 

Maps are available for inspection at 100 North Main Street, Harrison, AR 72601. 

Johnson County, Arkansas, and Incorporated Areas 

Little Willett Branch ............... Just upstream of State Highway 103 ........................... None +409 Unincorporated Areas of 

Johnson County. 

Approximately 200 feet upstream of State Highway 

103.

None +409 

Sprada Creek ........................ Approximately 1,050 feet downstream of Private Road 

3477.

None +391 Unincorporated Areas of 

Johnson County. 

Just upstream of County Highway 3520 ...................... None +411 

* 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 P.O. Box 278, 705 Cline Road, Clarksville, AR 72830. 

Del Norte County, California, and Incorporated Areas 

Lake Earl ............................... Entire shoreline ............................................................. None +13 Unincorporated Areas of 

Del Norte County. 

Lake Tolowa .......................... Entire shoreline ............................................................. None +13 Unincorporated Areas of 

Del Norte County. 

Overflow Southwest of Smith 

River.

Approximately 2,000 feet east of the intersection of 

Prigmore Street and Fisher Drive.

None +13 Unincorporated Areas of 

Del Norte County. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 48045 

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 500 feet west of the intersection of 

Highway 101 and Reynolds Court.

None +40 

Pacific Ocean ........................ From approximately 1,420 feet north of Pyramid Point 

to approximately 7,870 feet south of the mouth of 

Lake Tolowa along the shoreline of the Pacific 

Ocean.

None +14–20 Unincorporated Areas of 

Del Norte County. 

Approximately 7,000 feet north of the mouth of Lake 

Tolowa just inland of the shoreline of the Pacific 

Ocean.

None #1 

Approximately 2,300 feet north of the mouth of Lake 

Tolowa just inland of the shoreline of the Pacific 

Ocean.

None #2 

Rowdy Creek ........................ Confluence with Smith River ........................................ None +25 Unincorporated Areas of 

Del Norte County. 

Approximately 1,450 feet upstream of Highway 101 ... None +64 

Sheetflow Southwest of 

Smith River.

From just downstream of Highway 101 to approximately 500 feet west of Lower Lake Road between 

Tryon Creek and the Smith River.

None #2 Unincorporated Areas of 

Del Norte County. 

Smith River ........................... Mouth of the Smith River ............................................. None +15 Unincorporated Areas of 

Del Norte County. 

Approximately 2,100 feet upstream of Highway 101 ... None +47 

* 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 Del Norte County 

Maps are available for inspection at City Hall, Public Works Department, 377 J Street, Crescent City, CA 95531. 

Edmonson County, Kentucky, and Incorporated Areas 

Alexander Creek (Backwater 

effects from Green River).

From confluence with Green River to approximately 

240 feet upstream of confluence with Alexander 

Creek Tributary 3.

None +446 Unincorporated Areas of 

Edmonson County. 

Bear Creek (Backwater effects from Green River).From confluence with Green River to approximately 

3.8 miles upstream of confluence with Green River.

None +438 Unincorporated Areas of 

Edmonson County. 

Beaverdam Creek South 

(Backwater effects from 

Green River).

From confluence with Green River to approximately 

3.4 miles upstream of confluence with Green River.

None +449 Unincorporated Areas of 

Edmonson County, City 

of Brownsville. 

Beaverdam Creek Tributary 6 

(Backwater effects from 

Green River).

From confluence with Beaverdam Creek South to approximately 1,400 feet upstream of confluence with 

Beaverdam Creek South.

None +449 Unincorporated Areas of 

Edmonson County, City 

of Brownsville. 

Brier Creek (Backwater effects from Nolin Lake).From confluence with Nolin Lake to approximately 0.6 

mile upstream of confluence with Nolin Lake.

None +560 Unincorporated Areas of 

Edmonson County. 

Bylew Creek (Backwater effects from Green River).From confluence with Nolin River to approximately 

1.2 miles upstream of confluence with Nolin River.

None +455 Unincorporated Areas of 

Edmonson County. 

Dog Creek (Backwater effects from Nolin Lake).From county boundary to approximately 0.6 mile upstream of confluence with Dog Creek Tributary 1.None +560 Unincorporated Areas of 

Edmonson County. 

Green River ........................... At confluence with Bear Creek ..................................... None +438 Unincorporated Areas of 

Edmonson County, City 

of Brownsville. 

At approximately 3.4 miles upstream of confluence 

with Ugly Creek.

None +480 

Green River Tributary 4 

(Backwater effects from 

Green River).

From confluence with Green River to approximately 

0.6 mile upstream of confluence with Green River.

None +445 Unincorporated Areas of 

Edmonson County. 

Honey Creek (Backwater effects from Green River).From confluence with Green River to approximately 

1.6 miles upstream of confluence with Green River.

None +443 Unincorporated Areas of 

Edmonson County. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
48046 Federal Register / Vol. 74, No. 181 / Monday, September 21, 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 

Indian Creek (Backwater effects from Green River).From confluence with Green River to approximately 

0.9 mile upstream of confluence with Green River.

None +452 Unincorporated Areas of 

Edmonson County, City 

of Brownsville. 

Laurel Branch (Backwater effects from Green River).From confluence with Beaverdam Creek South to approximately 0.5 mile upstream of confluence with 

Beaverdam Creek South.

None +449 City of Brownsville. 

Little Beaverdam Creek 

(Backwater effects from 

Green River).

From confluence with Green River to approximately 1 

mile upstream of confluence with Sally Branch.

None +442 Unincorporated Areas of 

Edmonson County. 

Nolin Lake ............................. Entire shoreline of Nolin Lake ...................................... None +560 Unincorporated Areas of 

Edmonson County. 

Nolin River (Backwater effects from Green River).From confluence with Green River to approximately 

0.8 mile upstream of confluence with Bylew Creek.

None +455 Unincorporated Areas of 

Edmonson County. 

Sally Branch (Backwater effects from Green River).From confluence with Little Beaverdam Creek to approximately 0.6 mile upstream of confluence with 

Little Beaverdam Creek.

None +442 Unincorporated Areas of 

Edmonson County. 

Ugly Creek (Backwater effects from Green River).From confluence with Green River to approximately 

1.1 miles upstream of confluence with Green River.

None +477 Unincorporated Areas of 

Edmonson County. 

Wolf Creek (Backwater effects from Nolin Lake).From confluence with Dog Creek to approximately 1 

mile upstream of confluence with Dog Creek.

None +560 Unincorporated Areas of 

Edmonson 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 

City of Brownsville 

Maps are available for inspection at 121 Washington Street, Brownsville, KY 42210. 

Unincorporated Areas of Edmonson County 

Maps are available for inspection at 108 North Main Street, Brownsville, KY 42210. 

Lincoln County, Nevada, and Incorporated Areas 

Clover Creek ......................... Approximately 280 feet upstream of confluence with 

Meadow Valley Wash (Near Caliente).

+4,404 +4,409 Unincorporated Areas of 

Lincoln County, City of 

Caliente. 

Approximately 2.4 miles upstream of confluence with 

Meadow Valley Wash (Near Caliente).

None +4,473 

Meadow Valley Wash (Near 

Caliente).

Approximately 0.73 mile downstream of Union Pacific 

Railroad.

None #2 Unincorporated Areas of 

Lincoln County, City of 

Caliente. 

Approximately 1,540 feet downstream of Union Pacific Railroad.None #3 

Approximately 0.73 mile downstream of Union Pacific 

Railroad.

+4,329 +4,329 

Approximately 674 feet upstream of U.S. Highway 93 +4,437 +4,438 

Meadow Valley Wash (Near 

Ursine).

Approximately 1.0 mile downstream of North Eagle 

Valley Road.

None +5,543 Unincorporated Areas of 

Lincoln County. 

Approximately 1,150 feet upstream of North Eagle 

Valley Road.

None +5,607 

* 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 48047 

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 

ADDRESSES 

City of Caliente 

Maps are available for inspection at 100 Depot Avenue, Caliente, NV 89008. 

Unincorporated Areas of Lincoln County 

Maps are available for inspection at the Planning and Zoning Department, 181 Main Street, Suite 107, Pioche, NV 89043. 

Clay County, Tennessee, and Incorporated Areas 

Cumberland River ................. Approximately 3.5 miles downstream of Highway 52 .. None +508 Unincorporated Areas of 

Clay County, City of 

Celina. 

Approximately 4.8 miles upstream of Highway 52 ....... None +518 

* 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 Celina 

Maps are available for inspection at City Hall, 143 Cordell Hull Drive, Celina, TN 38551. 

Unincorporated Areas of Clay County 

Maps are available for inspection at the Clay County Public Library, 116 Guffey Street, Celina, TN 38551. 

Atascosa County, Texas, and Incorporated Areas 

Rutledge Hollow Creek ......... Just upstream of Roys Drive ........................................ None +440 Unincorporated Areas of 

Atascosa County. 

Approximately 500 feet upstream of Roys Drive ......... None +442 

* 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 Atascosa County 

Maps are available for inspection at Circle Drive 41, Jourdanton, TX 78026. 

Washington County, Vermont (All Jurisdictions) 

Great Brook No. 1 ................. At the confluence with Winooski River ......................... +503 +501 Town of Middlesex. 

Approximately 140 feet downstream of U.S. Route 2 +503 +501 

Gunners Brook ...................... At the downstream side of Brook Street ...................... +598 +596 City of Barre. 

Approximately 80 feet upstream of Brook Street ......... None +616 

Mad River .............................. At the confluence with Winooski River ......................... +452 +454 Town of Moretown. 

Approximately 950 feet upstream of confluence with 

Winooski River.

+452 +454 

Mirror Lake ............................ Entire shoreline ............................................................. None +1,047 Town of Calais. 

North Montpelier Pond .......... Entire shoreline ............................................................. None +708 Town of Calais, Town of 

East Montpelier. 

Stevens Branch ..................... At the confluence with Winooski River ......................... +547 +544 Town of Barre, City of 

Barre, City of Montpelier, Town of Berlin. 

At county boundary (approximately 2.0 miles upstream of Snowbridge Road).+741 +740 


srobinson on DSKHWCL6B1PROD with PROPOSALS
48048 Federal Register / Vol. 74, No. 181 / Monday, September 21, 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 

Sunny Brook of Winooksi 

River.

At the confluence with Winooski River ......................... +513 +510 Town of Middlesex. 

At downstream side of New England Central Railroad +513 +510 

Thatcher Brook ..................... Approximately 225 feet upstream of Stowe Street ...... +503 +502 Town of Waterbury. 

Approximately 1,100 feet upstream of Stowe Street ... +504 +503 

Union Brook .......................... At the confluence with Dog River ................................. +727 +728 Village of Northfield. 

Approximately 60 feet upstream of Water Street ......... +727 +728 

Winooski River ...................... At Chittenden County Boundary (approximately 

13,080 feet downstream of Bolton Falls Dam).

+341 +342 Town of Middlesex, City of 

Montpelier, Town of Berlin, Town of Duxbury, 

Town of East Montpelier, Town of Moretown, 

Town of Waterbury, Village of Waterbury. 

At downstream side of Green Mountain Power No. 4 

Dam.

+597 +595 

* 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 Barre 

Maps are available for inspection at City Hall, 6 North Main Street, Barre, VT 05641. 

City of Montpelier 

Maps are available for inspection at the Planning, Zoning, and Community Development Department, City Hall, 39 Main Street, Montpelier, VT 

05602. 

Town of Barre 

Maps are available for inspection at the Town Clerk’s Office, 149 Websterville Road, Websterville, VT 05678. 

Town of Berlin 

Maps are available for inspection at the Town Zoning Office, 108 Shed Road, Berlin, VT 05602. 

Town of Calais 

Maps are available for inspection at the Town Clerk’s Office, 3120 Pekin Brook Road, East Calais, VT 05650. 

Town of Duxbury 

Maps are available for inspection at the Town Office, 5421 Vermont Route 100, Duxbury, VT 05676. 

Town of East Montpelier 

Maps are available for inspection at the Town Hall, 40 Kelton Road, East Montpelier, VT 05651. 

Town of Middlesex 

Maps are available for inspection at the Town Clerk’s Office, 5 Church Street, Middlesex, VT 05602. 

Town of Moretown 

Maps are available for inspection at the Town Clerk’s Office, 994 Vermont Route 100B, Moretown, VT 05660. 

Town of Waterbury 

Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676. 

Village of Northfield 

Maps are available for inspection at the Zoning Office, 51 South Main Street, Northfield, VT 05663. 

Village of Waterbury 

Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676. 

Upshur County, West Virginia, and Incorporated Areas 

Brushy Fork (Backwater 

flooding from Buckhannon 

River).

Approximately at the confluence with Fink Run ........... None +1,415 Unincorporated Areas of 

Upshur County. 

Approximately 700 feet upstream of County Route 7/1 

(Left Branch of Brushy Fork).

None +1,415 

Fink Run (Backwater flooding 

from Buckhannon River).

Just upstream of Old Weston Road ............................. None +1,415 Unincorporated Areas of 

Upshur County. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 48049 

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 2,100 feet upstream of intersection of 

Old Weston Road and County Route 5/7 (Mudlick 

Run).

None +1,415 

Unnamed Tributary No. 1 to 

Fink Run (Backwater flooding from Buckhannon 

River).

Approximately at the area bounded by US Route 33, 

Wabash Avenue, and County Route 33/1.

None +1,415 Unincorporated Areas of 

Upshur 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 Upshur County 

Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201. 

(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. E9–22581 Filed 9–18–09; 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 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Surface Transportation 

Board (Board) proposes that the 

Association of American Railroads 

(AAR) annually update each Class I 

railroad’s weighted average State tax 

rate for use in the Revenue Shortfall 

Allocation Method (RSAM), which 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). Pursuant to 49 

U.S.C. 11145, the Board proposes that 

AAR calculate the weighted average 

State tax rate using the number of miles 

operated by each Class I carrier in each 

state and the corporate income tax rates 

for each State. The Board proposes that 

AAR submit this information on or 

before the due date for the Class I 

railroads to submit their Annual Report 

R–1, Schedule 250. 

DATES: Comments must be filed by 

October 21, 2009. Replies are due 

November 10, 2009. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the EFILING link on the Board’s Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: STB Ex Parte No. 682, 395 

E Street, SW., Washington, DC 20423– 

0001. 

Copies of written comments will be 

available for viewing and self-copying at 

the Board’s Public Docket Room, Room 

131, and will be posted to the Board’s 

Web site. 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. Strafford at (202) 245–0356. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

recently completed a revision to its 

methodology for calculating RSAM, one 

of the three benchmarks used in the rate 

standard applied to the smallest rate 

disputes under Simplified Standards. 

See Simplified Standards for Rail Rate 

Cases—Taxes in Revenue Shortfall 

Allocation Method, STB Ex Parte No. 

646 (Sub-No. 2) (STB served May 11, 

2009) (RSAM Taxes). Specifically, that 

revision addressed the methodology 

used to calculate railroad-specific tax 

rates to be reflected in RSAM. The 

calculation of the railroad-specific 

weighted average state tax rates 

requires, as one component, the state tax 

rates applicable to each Class I railroad, 

which can vary by state and railroad 

depending on a number of factors. The 

Board noted in RSAM Taxes that, 

because of this variance, the Board 

would need updated tax information on 

an annual basis. Therefore, the Board is 

now instituting this proceeding to 

propose that AAR annually update each 

Class I railroad’s weighted average state 

tax information. 

Under the Board’s proposal the AAR 

would calculate the weighted average 

state tax rate for each Class I railroad 

using the state corporate income tax 

rates and the number of miles operated 

by each carrier in each state for the 

previous year. For the state corporate 

income tax rates, AAR would use the 

state corporate tax information 


srobinson on DSKHWCL6B1PROD with PROPOSALS