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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-1074]
 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 
                    ( print page 48044)
                    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**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
+1,070Dry 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
+1,167Dry 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
+409Sprada 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.( print page 48045)Approximately 500 feet west of the intersection of Highway 101 and Reynolds Court
None
+40Pacific 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
#1Approximately 2,300 feet north of the mouth of Lake Tolowa just inland of the shoreline of the Pacific Ocean
None
#2Rowdy Creek
Confluence with Smith River
None
+25
Unincorporated Areas of Del Norte County.Approximately 1,450 feet upstream of Highway 101
None
+64Sheetflow 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
+480Green 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.( print page 48046)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
+4,473Meadow 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
#3Approximately 0.73 mile downstream of Union Pacific Railroad
+4,329
+4,329Approximately 674 feet upstream of U.S. Highway 93
+4,437
+4,438Meadow 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.( print page 48047)**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
+501Gunners Brook
At the downstream side of Brook Street
+598
+596
City of Barre.Approximately 80 feet upstream of Brook Street
None
+616Mad River
At the confluence with Winooski River
+452
+454
Town of Moretown.Approximately 950 feet upstream of confluence with Winooski River
+452
+454Mirror 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( print page 48048)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
+510Thatcher Brook
Approximately 225 feet upstream of Stowe Street
+503
+502
Town of Waterbury.Approximately 1,100 feet upstream of Stowe Street
+504
+503Union Brook
At the confluence with Dog River
+727
+728
Village of Northfield.Approximately 60 feet upstream of Water Street
+727
+728Winooski 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
+1,415Fink Run (Backwater flooding from Buckhannon River)
Just upstream of Old Weston Road
None
+1,415
Unincorporated Areas of Upshur County.( print page 48049)Approximately 2,100 feet upstream of intersection of Old Weston Road and County Route 5/7 (Mudlick Run)
None
+1,415Unnamed 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