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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-1037]
 AGENCY: Federal Emergency Management Agency, DHS.
 ACTION: Proposed rule.
 SUMMARY: Comments are requested on the proposed Base (1 percent 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 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
  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 affectedEffective
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( print page 12805)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
+856Boland Ditch
Approximately 700 feet downstream of Meadowbrook Parkway
None
+872
City of Anderson.Approximately 4,190 feet upstream of Main Street
None
+881Fall 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
+862Foster 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
+860Pipe 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
+857Prairie 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
+851West 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.( print page 12806)**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
+375Lake Barkley
Just upstream of Barkley Dam
None
+375
Unincorporated Areas of Livingston County, City of Grand Rivers.2300 feet downstream of Barkley Canal
None
+375Ohio 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
+356Tennessee 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.
 
 
 (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