12804 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: February 11, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6694 Filed 3–24–09; 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–1037] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1 percent annualchance) 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 June 23, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are 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–1037, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–3151 or (e-mail) 

bill.blanton@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 

Communities affected 

Effective Modified 

Madison County, Indiana, and Incorporated Areas 

Alexandria Creek ................ Approximately 150 feet upstream of confluence 

with Pipe Creek.

+852 +853 City of Alexandria, Unincorporated Areas of Madison 

County. 

Approximately 2,100 feet upstream of Eleventh 

Street.

None +861 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12805 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Communities affected 

Effective Modified 

Big Duck Creek ................... At South P Street ..................................................... None +843 City of Elwood, Unincorporated Areas of Madison 

County. 

Approximately 1,700 feet upstream of North 20th 

Street.

None +856 

Boland Ditch ....................... Approximately 700 feet downstream of 

Meadowbrook Parkway.

None +872 City of Anderson. 

Approximately 4,190 feet upstream of Main Street None +881 

Fall Creek ........................... Approximately 630 feet downstream of Reformatory 

Road.

None +821 Unincorporated Areas of Madison County. 

Approximately 9,980 feet upstream of State Route 

67.

None +862 

Foster Branch ..................... Approximately 2,060 feet downstream of Fall Creek 

Road.

None +816 Unincorporated Areas of Madison County, Town of Ingalls, 

Town of Pendleton. 

Approximately 240 feet upstream of Old State 

Road 132.

None +860 

Pipe Creek .......................... Approximately 1,425 feet downstream of Conrail 

Railroad.

None +820 City of Alexandria, Unincorporated Areas of Madison 

County. 

Approximately 2,690 feet upstream of Washington 

Street.

None +857 

Prairie Creek ....................... Approximately 2,460 feet upstream of State Route 

67.

None +851 Unincorporated Areas of Madison County. 

Approximately 4,460 feet upstream of State Route 

67.

None +851 

West Fork White River ....... At State Route 13 North ........................................... None +805 City of Anderson, River Forest, 

Town of Chesterfield, Town 

of Country Club Heights, 

Town of Woodlawn Height, 

Unincorporated Areas of 

Madison County. 

At North 500 East/County Line Road/South 1000 

West.

None +872 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street SW., Washington, DC 20472. 

ADDRESSES 

City of Alexandria 

Maps are available for inspection at City of Alexandria Office, 125 North Wayne Street, Alexandria, IN 46001. 

City of Anderson 

Maps are available for inspection at City Building, 120 E. 8th Street, Anderson, IN 46016. 

City of Elwood 

Maps are available for inspection at City Hall, 1505 South B Street, Elwood, IN 46036. 

River Forest 

Maps are available for inspection at 53 River Forest, Anderson, IN 46011. 

Town of Chesterfield 

Maps are available for inspection at Chesterfield Government Center, 17 Veterans Boulevard, Chesterfield, IN 46017. 

Town of Country Club Heights 

Maps are available for inspection at 1202 North Madison Avenue, Anderson, IN 46011. 

Town of Ingalls 

Maps are available for inspection at Ingalls Town Center, 247 Meridian Street, Ingalls, IN 46048. 

Town of Pendleton 

Maps are available for inspection at Pendleton Town Halll, 100 West State Street, Pendleton, IN 46064. 

Town of Woodlawn Height 

Maps are available for inspection at 1301 Van Buskirk Road, Anderson, IN 46011. 

Unincorporated Areas of Madison County 

Maps are available for inspection at Madison County Government Center, 16 East 9th Street, Room 200, Anderson, IN 46018. 


PWALKER on PROD1PC71 with PROPOSALS
12806 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Communities affected 

Effective Modified 

Livingston County, Kentucky and Incorporated Areas 

Kentucky Lake .................... Approximately 1500 feet downstream of Barkley 

Canal.

None +375 Unincorporated Areas of Livingston County, City of 

Grand Rivers. 

Just upstream of Kentucky Dam .............................. None +375 

Lake Barkley ....................... Just upstream of Barkley Dam ................................. None +375 Unincorporated Areas of Livingston County, City of 

Grand Rivers. 

2300 feet downstream of Barkley Canal .................. None +375 

Ohio River ........................... Just upstream of the confluence with Tennessee 

River.

None +340 Unincorporated Areas of Livingston County, City of 

Carrsville, City of Smithland. 

Approximately 3500 feet upstream of the confluence with Deer Creek.None +356 

Tennessee River ................. Approximately 5100 feet downstream of the confluence with Hodges Creek.None +341 Unincorporated Areas of Livingston County. 

Just downstream of Kentucky Dam ......................... None +343 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street SW., Washington, DC 20472. 

ADDRESSES 

City of Carrsville 

Maps are available for inspection at 1810 Fleet Street, Carrsville, KY 42081. 

City of Grand Rivers 

Maps are available for inspection at 122 West Cumberland Avenue, Grand Rivers, KY 42045. 

City of Smithland 

Maps are available for inspection at 310 Wilson Avenue, Smithland, KY 42081. 

Unincorporated Areas of Livingston County 

Maps are available for inspection at 339 Courthouse Drive, Smithland, KY 42081. 

Claiborne County, Mississippi, and Incorporated Areas 

Bayou Pierre ....................... 30,000 Feet Downstream of Anthony Road ............. None +92 Unincorporated Areas of Claiborne County. 

8100 Feet Downstream of Anthony Road ................ None +96 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street SW., Washington, DC 20472. 

ADDRESSES 

Unincorporated Areas of Claiborne County 

Maps are available for inspection at 410 Main Street, Port Gibson, MS 39150. 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12807 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: February 6, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6678 Filed 3–24–09; 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–1043] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1 percent annualchance) 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 June 23, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are 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–1043, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151 or (e-mail) 

bill.blanton@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 

Cumberland County, Kentucky and Incorporated Areas 

Cumberland River ................. Approximately 3,300 feet downstream of the confluence with Judio Creek.None +533 Cumberland County, City 

of Burkesville. 

Approximately 1,500 feet upstream of the confluence 

with Crow Creek.

None +568 


PWALKER on PROD1PC71 with PROPOSALS