Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12721 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Maps are available for inspection at Planning Department, 111 East Main Street, Suite 201, Jackson, TN 38301. 

City of Three Way 

Maps are available for inspection at Office of the Mayor, 136 Green Road, Three Way, TN 38343. 

Unincorporated Areas of Madison County 

Maps are available for inspection at Madison County Commissioner’s Office Building, 100 East Main Street, Jackson, TN 38301. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: February 26. 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6706 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] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator of the Mitigation 

Directorate has resolved any appeals 

resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final 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. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final 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 

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. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 


sroberts on PROD1PC70 with RULES
12722 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

State City/town/county Source of flooding Location 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Modified 

Town of Salisbury, Massachusetts FEMA Docket No.: B–1000 

Massachusetts ............... Town of Salisbury ......... Atlantic Ocean ............... Along Atlantic Avenue south of Vermont St. to 

Railroad Ave.

+14 

Along Atlantic Avenue approximately 500′ south 

of Railroad Ave.

+15 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Town of Salisbury 

Maps are available for inspection at 5 Beach Road, Town of Salisbury, MA 01950. 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Bannock County, Idaho, and Incorporated Areas FEMA Docket No.: B–7781 

Rapid Creek ................................ Just upstream of Interstate Highway 15 ................................... +4541 Unincorporated Areas of Bannock County, City of Inkom. 

At Private Road approximately 400 feet downstream of Hoot 

Owl Road.

+5060 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Inkom 

Maps are available for inspection at 365 North Rapid Creek Road, Inkom, ID 83245. 

Unincorporated Areas of Bannock County 

Maps are available for inspection at 130 North 6th Avenue, Suite C, Pocatello, ID 83201. 

Casey County, Kentucky, and Incorporated Areas FEMA Docket No.: B–7781 

Green River ................................ Approximately 4,300 feet downstream of confluence with 

Highway 49 Tributary.

+793 Unincorporated Areas of 

Casey County. 

Approximately 900 feet upstream of KY–817 .......................... +808 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Unincorporated Areas of Casey County 

Maps are available for inspection at 625 Campbellsville Street, Liberty, KY 42539. 

Oxford County, Maine (All Jurisdictions) FEMA Docket No.: B–7756 

Barkers Brook ............................. Approximately 625 feet downstream of Cushing Road ............ +634 Town of Bethel. 

Approximately 680 feet downstream of Gore Road ................. +662 

Barkers Pond .............................. At ponding area North of approximately 500 feet East of the 

intersection of Pine Cove Point and Narrow Gauge Trail 

and East of Narrow Gauge Trail.

+497 Town of Hiram. 

Crooked River ............................. Approximately 500 feet downstream of Jesse Mill Road ......... +333 Town of Otisfield. 

Approximately 600 feet upstream of Harrison Road ................ +398 

Hancock Brook ........................... Approximately 600 feet downstream of Scribner Mill Road ..... +361 Town of Hiram. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12723 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Approximately 180 feet southeast of the intersection of Pine 

Cove Point and Narrow Gauge Trail.

+494 

Moose Pond ................................ At ponding area North of approximately 600 feet upstream of 

the intersection of Evergreen Drive and Hemlock Road, 

East of Pine Drive and West of Fox Run Line.

+524 Town of Otisfield. 

Saturday Pond ............................ At ponding area approximately 875 feet northwest of Peaco 

Hill Road, West of Great Oaks Line and East of West 

Shore Drive.

+533 Town of Otisfield. 

Stony Brook ................................ Approximately 100 feet downstream of Buckfield Road .......... +479 Town of Paris. 

Approximately 155 feet downstream of Christian Road ........... +577 

Twitchell Brook ........................... Approximately 700 feet East of the intersection of Buckfield 

Road and Emery Avenue.

+395 Town of Paris. 

Approximately 2,750 feet upstream of Hebron Road ............... +487 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Town of Bethel 

Maps are available for inspection at Town Office, 19 Main Street, Bethel, ME 04217. 

Town of Hiram 

Maps are available for inspection at Town Office, 25 Allard Circle, Hiram, ME 04041. 

Town of Otisfield 

Maps are available for inspection at Town Office, 403 State Route 121, Otisfield, ME 04270. 

Town of Paris 

Maps are available for inspection at Town Office, 33 Market Square, South Paris, ME 04281. 

Bristol County, Massachusetts (All Jurisdictions) FEMA Docket No.: B–7786 

Buzzards Bay .............................. Approximately 1,650 feet East of intersection of River Road 

and Redwing Lane.

+24 Town of Dartmouth, City of 

New Bedford, Town of 

Fairhaven, Town of Westport. 

Approximately 875 feet South from end of Club House Drive +24 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Town of Dartmouth 

Maps are available for inspection at Town Hall, 400 Slocum Road, Dartmouth, MA 02747. 

Town of Fairhaven 

Town Hall, 40 Center Street, Fairhaven, MA 02719. 

City of New Bedford 

City Hall, 133 William Street, New Bedford, MA 02740. 

Town of Westport 

Maps are available for inspection at Town Hall, 816 Main Road, Westport, MA 02790. 

Caldwell County, North Carolina and Incorporated Areas Docket Nos.: FEMA–B–7748, FEMA–B–7749, FEMA–D–7672, and FEMA–B– 

7794 

Abingdon Creek .......................... Approximately 940 feet upstream of Huffman Road ................ +1,089 Unincorporated Areas of 

Caldwell County. 

Approximately 325 feet upstream of M.W. Setzer Road ......... +1,098 

Amos Creek ................................ At the confluence with Mulberry Creek .................................... +1,426 Unincorporated Areas of 

Caldwell County. 

Approximately 1.4 miles upstream of the confluence with Mulberry Creek.+1,554 

Angley Creek .............................. Approximately 300 feet upstream of the confluence with Gunpowder Creek.+1,178 City of Lenoir, Unincorporated 

Areas of Caldwell County, 

Town of Hudson. 

Approximately 600 feet upstream of Southeast Starcross 

Road.

+1,252 


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12724 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Angley Creek Tributary 1 ............ At the confluence with Angley Creek ....................................... +1,200 Unincorporated Areas of 

Caldwell County, City of 

Lenoir. 

Approximately 1,900 feet upstream of Southeast Starcross 

Road.

+1,294 

Anthony Creek ............................ At the confluence with Prong Creek ......................................... +1,423 Unincorporated Areas of 

Caldwell County. 

Approximately 1.4 miles upstream of the confluence with 

Prong Creek.

+1,753 

Beaver Creek .............................. Approximately 400 feet downstream of the Caldwell/Wilkes 

County boundary.

+1,184 Unincorporated Areas of 

Caldwell County. 

Approximately 1.6 miles upstream of Wilkesboro Boulevard ... +1,252 

Billy Branch ................................. At the confluence with Gunpowder Creek ................................ +1,037 Unincorporated Areas of 

Caldwell County, Town of 

Granite Falls. 

Approximately 0.6 mile upstream of North Highland Avenue .. +1,161 

Blairs Fork Creek ........................ At the confluence with Lower Creek ........................................ +1,073 City of Lenoir, Unincorporated 

Areas of Caldwell County. 

Approximately 750 feet upstream of Parson’s Park Drive ....... +1,206 

Blue Creek .................................. At the confluence with Kings Creek 1 and Little Kings Creek +1,102 Unincorporated Areas of 

Caldwell County. 

Approximately 0.5 mile upstream of Bluegrass Place (State 

Road 1578).

+1,276 

Boone Fork ................................. At the confluence with Mulberry Creek .................................... +1,219 Unincorporated Areas of 

Caldwell County. 

Approximately 1.2 miles upstream of the confluence with Mulberry Creek.+1,315 

Bristol Creek ............................... Approximately 450 feet downstream of the Burke/Caldwell 

County boundary.

+1,135 Unincorporated Areas of 

Caldwell County. 

Approximately 100 feet downstream of the Burke/Caldwell 

County boundary.

+1,144 

Buffalo Creek .............................. Approximately 1,500 feet upstream of the confluence with 

Yadkin River.

+1,160 Unincorporated Areas of 

Caldwell County. 

At the Caldwell/Watauga County boundary ............................. +2,080 

Camp Creek ................................ At the confluence with Wilson Creek ....................................... +1,449 Unincorporated Areas of 

Caldwell County. 

At the confluence of Harper Creek ........................................... +1,555 

Catawba River ............................ At the Alexander/Caldwell County boundary ............................ +936 Unincorporated Areas of 

Caldwell County, Town of 

Granite Falls, Town of Sawmills. 

Approximately 2,000 feet upstream of Burke/Caldwell County 

boundary.

+1,005 

Celia Creek ................................. At the confluence with Husband Creek .................................... +1,042 Unincorporated Areas of 

Caldwell County. 

Approximately 1.0 mile upstream of Celia Creek Road (State 

Road 1327).

+1,168 

Cold Water Creek ....................... At the confluence with Johns River .......................................... +1,244 Unincorporated Areas of 

Caldwell County. 

Approximately 1.7 miles upstream of the confluence with 

Johns River.

+1,849 

Craig Creek ................................. At the confluence with Wilson Creek ....................................... +1,394 Unincorporated Areas of 

Caldwell County. 

Approximately 1.9 miles upstream of the confluence with Wilson Creek.+1,770 

Dennis Creek .............................. At the confluence with Yadkin River ........................................ +1,883 Unincorporated Areas of 

Caldwell County. 

Approximately 120 feet downstream of Richland Road (State 

Road 1372).

+2,013 

Elk Branch .................................. At the confluence with Jones Creek ......................................... +1,385 Unincorporated Areas of 

Caldwell County. 

Approximately 1,290 feet upstream of Old Sampson Road 

(State Road 1574).

+1,450 

Estes Mill Creek .......................... At the confluence with Wilson Creek ....................................... +1,498 Unincorporated Areas of 

Caldwell County. 


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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12725 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Approximately 1.2 miles upstream of the confluence with Wilson Creek.+1,656 

Fiddle Creek ............................... At the confluence with Mulberry Creek .................................... +1,397 Unincorporated Areas of 

Caldwell County. 

Approximately 1,600 feet upstream of the confluence with 

Mulberry Creek.

+1,437 

Franklin Branch ........................... At the confluence with Johns River .......................................... +1,108 Unincorporated Areas of 

Caldwell County. 

Approximately 1,500 feet upstream of the confluence of 

Franklin Branch Tributary 1.

+1,222 

Franklin Branch Tributary 1 ........ At the confluence with Franklin Branch .................................... +1,199 Unincorporated Areas of 

Caldwell County. 

Approximately 1,540 feet upstream of the confluence with 

Franklin Branch.

+1,229 

Freemason Creek ....................... Approximately 1.0 mile upstream of the confluence with Catawba River.+1,004 Unincorporated Areas of 

Caldwell County, Town of 

Sawmills. 

Approximately 250 feet upstream of Stamey Road ................. +1,132 

Freemason Creek Tributary 1 .... At the confluence with Freemason Creek ................................ +1,013 Unincorporated Areas of 

Caldwell County, Town of 

Sawmills. 

Approximately 1.5 miles upstream of the confluence with 

Freemason Creek.

+1,102 

Freemason Creek Tributary 1A .. At the confluence with Freemason Creek Tributary 1 ............. +1,023 Unincorporated Areas of 

Caldwell County, Town of 

Sawmills. 

Approximately 1,700 feet upstream of Hickory Nut Ridge 

Road.

+1,058 

Freemason Creek Tributary 2 .... At the confluence with Freemason Creek ................................ +1,056 Unincorporated Areas of 

Caldwell County, Town of 

Sawmills. 

Approximately 0.8 mile upstream of Horseshoe Bend Road ... +1,128 

Freemason Creek Tributary 2A .. At the confluence with Freemason Creek Tributary 2 ............. +1,082 Unincorporated Areas of 

Caldwell County, Town of 

Sawmills. 

Approximately 650 feet upstream of Lafayette Avenue ........... +1,163 

Ginger Creek .............................. At the confluence with Middle Little River ................................ +1,388 Unincorporated Areas of 

Caldwell County. 

Approximately 0.7 mile upstream of Draco Road .................... +1,459 

Ginger Creek Tributary 1 ............ At the confluence with Ginger Creek ....................................... +1,401 Unincorporated Areas of 

Caldwell County. 

Approximately 1.3 miles upstream of Scout Road (State 

Road 1728).

+1,731 

Greasy Creek .............................. At the confluence with Lower Creek ........................................ +1,062 Unincorporated Areas of 

Caldwell County, City of 

Lenoir. 

Approximately 1,500 feet upstream of the confluence with 

Lower Creek.

+1,066 

Green Rock Branch .................... At the confluence with Buffalo Creek ....................................... +1,216 Unincorporated Areas of 

Caldwell County. 

Approximately 1.5 miles upstream of Buffalo Cove Road 

(State Road 1504).

+1,436 

Gunpowder Creek ....................... At the confluence with Catawba River ..................................... +936 City of Lenoir, Town of Hudson, Town of Granite Falls, 

Unincorporated Areas of 

Caldwell County. 

Approximately 700 feet upstream of Southeast Applegate 

Court.

+1,321 

Gunpowder Creek Tributary 1 .... At the confluence with Gunpowder Creek ................................ +1,073 Unincorporated Areas of 

Caldwell County. 

Approximately 1.8 miles upstream of the confluence with 

Gunpowder Creek.

+1,186 

Gunpowder Creek Tributary 2 .... At the confluence with Gunpowder Creek ................................ +1,089 Unincorporated Areas of 

Caldwell County. 


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12726 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Approximately 50 feet downstream of Christie Road (State 

Road 1717).

+1,117 

Gunpowder Creek Tributary 2A .. At the confluence with Gunpowder Creek Tributary 2 ............. +1,090 Unincorporated Areas of 

Caldwell County, Town of 

Hudson. 

Approximately 1,600 feet upstream of Christie Road .............. +1,123 

Gunpowder Creek Tributary 3 .... At the confluence with Gunpowder Creek ................................ +1,107 Unincorporated Areas of 

Caldwell County, Town of 

Hudson. 

Approximately 0.4 mile upstream of the confluence with Gunpowder Creek.+1,158 

Gunpowder Creek Tributary 4 .... Approximately 750 feet upstream of the confluence with Gunpowder Creek.+1,158 Town of Hudson. 

Approximately 0.6 mile upstream of the confluence with Gunpowder Creek.+1,220 

Gunpowder Creek Tributary 5 .... Approximately 600 feet upstream of the confluence with Gunpowder Creek.+1,213 City of Lenoir. 

Approximately 0.5 mile upstream of Hickory Boulevard .......... +1,280 

Gunpowder Creek Tributary 6 .... Approximately 700 feet upstream of the confluence with Gunpowder Creek.+1,242 City of Lenoir. 

Approximately 1,750 feet upstream of the railroad .................. +1,298 

Harper Creek .............................. At the confluence with Camp Creek ......................................... +1,555 Unincorporated Areas of 

Caldwell County. 

At the Avery/Caldwell County boundary ................................... +1,801 

Hayes Mill Creek ........................ Approximately 1,500 feet upstream of the confluence with 

Catawba River.

+1,003 Unincorporated Areas of 

Caldwell County, Town of 

Granite Falls, Town of Sawmills. 

Approximately 700 feet upstream of the confluence of Hayes 

Mill Creek Tributary 2.

+1,120 

Hayes Mill Creek Tributary 1 ...... At the confluence with Hayes Mill Creek ................................. +1,055 Unincorporated Areas of 

Caldwell County, Town of 

Sawmills. 

Approximately 1,700 feet upstream of the confluence with 

Hayes Mill Creek.

+1,088 

Hayes Mill Creek Tributary 2 ...... At the confluence with Hayes Mill Creek ................................. +1,113 Town of Sawmills. 

Approximately 1,900 feet upstream of the confluence with 

Hayes Mill Creek.

+1,157 

Husband Creek ........................... Approximately 0.5 mile upstream of the confluence with 

Lower River.

+1,031 Unincorporated Areas of 

Caldwell County, Town of 

Gamewell. 

Approximately 1,900 feet upstream of Rocky Road (State 

Road 1143).

+1,202 

Husband Creek Tributary 1 ........ At the confluence with Husband Creek .................................... +1,066 Unincorporated Areas of 

Caldwell County. 

Approximately 250 feet downstream of Fleming Chapel 

Church Road (State Road 1322).

+1,132 

Husband Creek Tributary 2 ........ At the confluence with Husband Creek .................................... +1,096 Unincorporated Areas of 

Caldwell County. 

Approximately 750 feet upstream of Crooked Creek Way ...... +1,124 

Jackson Camp Creek ................. At the confluence with Yadkin River ........................................ +1,757 Unincorporated Areas of 

Caldwell County 

Approximately 1.0 mile upstream of Richland Road (State 

Road 1372).

+1,867 

Jesse Fork .................................. At the confluence with Buffalo Creek ....................................... +1,349 Unincorporated Areas of 

Caldwell County. 

Approximately 0.8 mile upstream of Stone Mountain Road 

(State Road 1503).

+1,640 

Jesse Fork Tributary 1 ................ At the confluence with Jesse Fork ........................................... +1,453 Unincorporated Areas of 

Caldwell County. 

Approximately 340 feet upstream of Wallace Coffey Place ..... +1,502 

Johns River ................................. At the Burke/Caldwell County boundary .................................. +1,053 Unincorporated Areas of 

Caldwell County. 

Approximately 3.5 miles upstream of the confluence of 

Thunderhole Creek.

+2,346 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12727 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Jones Creek ................................ At the confluence with Buffalo Creek ....................................... +1,347 Unincorporated Areas of 

Caldwell County. 

Approximately 1.3 miles upstream of CC Camp Road (State 

Road 1574).

+2,072 

Kings Creek 1 ............................. At the confluence with Yadkin River ........................................ +1,097 Unincorporated Areas of 

Caldwell County. 

At the confluence of Blue Creek and Little King Creek ........... +1,102 

Kings Creek 2 ............................. At the confluence with Blue Creek ........................................... +1,181 Unincorporated Areas of 

Caldwell County. 

Approximately 1.9 miles upstream of the confluence of Kings 

Creek 2 Tributary 1.

+1,252 

Kings Creek 2 Tributary 1 .......... At the confluence with Kings Creek 2 ...................................... +1,201 Unincorporated Areas of 

Caldwell County. 

Approximately 1.2 miles upstream of Taylor Farm Road 

(State Road 1702).

+1,376 

Laurel Creek ............................... At the confluence with Wilson Creek ....................................... +1,627 Unincorporated Areas of 

Caldwell County. 

Approximately 1.1 miles upstream of the confluence with Wilson Creek.+1,986 

Laytown Creek ............................ At the confluence with Yadkin River ........................................ +1,110 Unincorporated Areas of 

Caldwell County. 

Approximately 1.8 miles upstream of Laytown Road (State 

Road 1507).

+1,633 

Little Creek .................................. At the confluence with Upper Little River ................................. +1,177 Unincorporated Areas of 

Caldwell County. 

Approximately 1.4 miles upstream of Cove Mountain Lane .... +1,321 

Little Gunpowder Creek (near 

City of Lenoir).

Approximately 700 feet upstream of Southwest Walt Arney 

Road.

+1,218 Town of Cajahs Mountain. 

Approximately 1,100 feet upstream of Connelly Springs Road +1,268 

Little Gunpowder Creek (near 

Town of Hudson).

At confluence with Gunpowder Creek ...................................... +1,046 Unincorporated Areas of 

Caldwell County, Town of 

Cajahs Mountain, Town of 

Granite Falls, Town of Hudson, Town of Sawmills. 

Approximately 1.4 miles upstream of Little Gunpowder Creek 

Drive.

+1,261 

Little Gunpowder Creek Tributary 

1 (near Town of Hudson).

At the confluence with Little Gunpowder Creek (near Town of 

Hudson).

+1,183 Unincorporated Areas of 

Caldwell County, Town of 

Hudson 

Approximately 50 feet upstream of Madison MHP Drive ......... +1,249 

Little Gunpowder Creek Tributary 

2 (near Town of Hudson).

At the confluence with Little Gunpowder Creek (near Town of 

Hudson).

+1,194 Unincorporated Areas of 

Caldwell County, Town of 

Hudson. 

Approximately 0.5 mile upstream of Chickadee Trail Place .... +1,261 

Little Kings Creek ....................... At the confluence with Blue Creek and Kings Creek 1 ............ +1,102 Unincorporated Areas of 

Caldwell County. 

Approximately 1,630 feet upstream of Zacks Fork Road 

(State Road 1511).

+1,334 

Little Mulberry Creek 1 ............... Approximately 1,100 feet upstream of the confluence with 

Mulberry Creek.

+1,131 Unincorporated Areas of 

Caldwell County. 

Approximately 350 feet downstream of NC 90 ........................ +1,225 

Little Mulberry Creek 2 ............... At the confluence with Mulberry Creek .................................... +1,148 Unincorporated Areas of 

Caldwell County. 

Approximately 0.4 mile upstream of Shallow Creek Road 

(State Road 1350).

+1,234 

Lost Cove Creek ......................... At the confluence with Wilson Creek ....................................... +1,563 Unincorporated Areas of 

Caldwell County. 

At Avery/Caldwell County boundary ......................................... +1,580 

Lower Creek ............................... At the Burke/Caldwell County boundary .................................. +1,026 Unincorporated Areas of 

Caldwell County, City of 

Lenoir, Town of Gamewell. 

Approximately 1,900 feet upstream of Cedar Rock Circle 

(State Road 1706).

+1,131 


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12728 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Lower Creek Tributary 1 ............. At the confluence with Lower Creek ........................................ +1,099 Unincorporated Areas of 

Caldwell County, City of 

Lenoir. 

Approximately 0.7 mile upstream of Southeast Haigler Road +1,536 

McRory Creek ............................. At the confluence with Upper Little River ................................. +1,211 Unincorporated Areas of 

Caldwell County. 

Approximately 0.6 mile upstream of McRary Creek Road 

(State Road 1721).

+1,285 

Middle Little River ....................... At the Alexander/Caldwell County boundary ............................ +1,098 Unincorporated Areas of 

Caldwell County. 

Approximately 0.5 mile upstream of Brush Mountain Road 

(State Road 1733).

+1,419 

Middle Little River Tributary 3 .... At the confluence with Middle Little River ................................ +1,222 Unincorporated Areas of 

Caldwell County. 

Approximately 1,500 feet upstream of U.S. 64/Taylorsville 

Road.

+1,257 

Middle Little River Tributary 4 .... At the confluence with Middle Little River ................................ +1,314 Unincorporated Areas of 

Caldwell County. 

Approximately 1,000 feet upstream of Duck Creek Road 

(State Road 1730).

+1,360 

Middle Little River Tributary 5 .... At the confluence with Middle Little River ................................ +1,316 Unincorporated Areas of 

Caldwell County. 

Approximately 0.5 mile upstream of the confluence with Middle Little River.+1,362 

Mill Creek .................................... At the confluence with Upper Little River ................................. +936 Unincorporated Areas of 

Caldwell County. 

Approximately 1.0 mile upstream of Petra Mill Road (State 

Road 1740).

+1,053 

Mill Creek (into Yadkin River) ..... At the confluence with Yadkin River ........................................ +1,154 Unincorporated Areas of 

Caldwell County. 

Approximately 1.2 miles upstream of NC 268 Highway .......... +1,216 

Morris Creek ............................... At the confluence with Upper Little River ................................. +1,132 Unincorporated Areas of 

Caldwell County. 

Approximately 600 feet upstream of Sheriffs Road (State 

Road 1730).

+1,287 

Mountain Run ............................. At the confluence with Upper Little River ................................. +1,185 Unincorporated Areas of 

Caldwell County. 

Approximately 150 feet upstream of Fox Road ....................... +1,321 

Mulberry Creek ........................... Approximately 500 feet upstream of the confluence of Little 

Mulberry Creek 1.

+1,131 Unincorporated Areas of 

Caldwell County. 

Approximately 0.7 mile upstream of the confluence of Amos 

Creek.

+1,514 

Old Field Branch ......................... At the confluence with Buffalo Creek ....................................... +1,379 Unincorporated Areas of 

Caldwell County. 

Approximately 1.7 miles upstream of Cottrell Place ................ +1,548 

Ooten Creek ............................... At the confluence with Yadkin River ........................................ +1,940 Unincorporated Areas of 

Caldwell County. 

Approximately 0.6 mile upstream of the confluence with 

Yadkin River.

+2,122 

Pilot Branch ................................ At the confluence with Upper Little River ................................. +1,145 Unincorporated Areas of 

Caldwell County. 

Approximately 400 feet upstream of Burns Road (State Road 

1749).

+1,206 

Preston Creek ............................. At the confluence with Yadkin River ........................................ +1,332 Unincorporated Areas of 

Caldwell County. 

Approximately 650 feet upstream of Kirby Mountain Road 

(State Road 1370).

+1,548 

Prong Creek ................................ At the confluence with Johns River .......................................... +1,332 Unincorporated Areas of 

Caldwell County. 

At the confluence of Racket Creek .......................................... +1,418 

Racket Creek .............................. At the confluence with Prong Creek ......................................... +1,418 Unincorporated Areas of 

Caldwell County. 

Approximately 4.3 miles upstream of the confluence with 

Prong Creek.

+2,284 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12729 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Raider Camp Creek .................... At the confluence with Harper Creek and Camp Creek .......... +1,555 Unincorporated Areas of

Caldwell County. 

Approximately 1,800 feet upstream of the confluence with 

Harper Creek.

+1,638 

Rock Creek ................................. At the confluence with Upper Little River ................................. +1,018 Unincorporated Areas of 

Caldwell County. 

Approximately 1,400 feet upstream of State Road 1002 ......... +1,146 

Rockhouse Creek ....................... At the confluence with Buffalo Creek ....................................... +1,670 Unincorporated Areas of 

Caldwell County. 

Approximately 1.3 miles upstream of the confluence with Buffalo Creek.+1,900 

Rush Branch ............................... At the confluence with Mulberry Creek .................................... +1,344 Unincorporated Areas of 

Caldwell County. 

Approximately 0.9 mile upstream of the confluence with Mulberry Creek.+1,406 

Silver Creek ................................ At the confluence with Gunpowder Creek ................................ +936 Unincorporated Areas of 

Caldwell County, Town of 

Granite Falls. 

Approximately 0.6 mile upstream of Falls Avenue ................... +1,078 

Spainhour Creek ......................... At the confluence with Blairs Fork Creek ................................. +1,121 City of Lenoir. 

Approximately 1,800 feet upstream of Blowing Rock Boulevard.+1,176 

Stratford Creek ........................... At the confluence with Catawba River ..................................... +1,005 Unincorporated Areas of 

Caldwell County. 

Approximately 0.7 mile upstream of Baton School Road 

(State Road 1139).

+1,110 

Stratford Creek Tributary 1 ......... At the confluence with Stratford Creek .................................... +1,023 Unincorporated Areas of 

Caldwell County. 

Approximately 1,800 feet upstream of Baton School Road 

(State Road 1139).

+1,055 

Thorps Creek .............................. At the confluence with Wilson Creek ....................................... +1,498 Unincorporated Areas of 

Caldwell County. 

Approximately 2,050 feet upstream of the confluence with 

Wilson Creek.

+1,540 

Thunderhole Creek ..................... At the confluence with Johns River .......................................... +1,430 Unincorporated Areas of 

Caldwell County. 

Approximately 0.4 mile upstream of the confluence of New 

Years Creek.

+1,930 

Upper Little River ........................ At the confluence with Catawba River ..................................... +936 Unincorporated Areas of 

Caldwell County. 

Approximately 0.7 mile upstream of Teaberry Lane ................ +1,294 

Upper Little River Tributary 1 ..... At the confluence with Upper Little River ................................. +985 Unincorporated Areas of 

Caldwell County. 

Approximately 0.5 mile upstream of Charlie Little Road (State 

Road 1741).

+1,127 

Walnut Bottom Creek ................. At the confluence with Johns River .......................................... +1,316 Unincorporated Areas of 

Caldwell County. 

Approximately 0.6 mile upstream of the confluence with 

Johns River.

+1,371 

Warrior Creek ............................. Approximately 300 feet upstream of the confluence with 

Yadkin River.

+1,214 Unincorporated Areas of 

Caldwell County. 

Approximately 210 feet upstream of Warrior Road (State 

Road 1346).

+1,251 

Wilson Creek .............................. Approximately 1.1 miles upstream of Adako Road (State 

Road 1337).

+1,106 Unincorporated Areas of 

Caldwell County. 

Approximately 1,000 feet upstream of Avery/Caldwell County 

boundary.

+1,681 

Yadkin River ............................... At the Caldwell/Wilkes County boundary ................................. +1,090 Unincorporated Areas of 

Caldwell County. 

Approximately 2.2 miles upstream of the confluence of Ooten 

Creek.

+2,315 

Yadkin River Tributary 25 ........... At the confluence with Yadkin River ........................................ +1,128 Unincorporated Areas of 

Caldwell County. 

Approximately 1,730 feet downstream of Laytown Road 

(State Road 1507).

+1,284 


sroberts on PROD1PC70 with RULES
12730 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Communities affected 

Modified 

Zacks Fork Branch ..................... At the confluence with Zacks Fork Creek ................................ +1,104 City of Lenoir. 

Approximately 1,350 feet upstream of the confluence with 

Zacks Fork Creek.

+1,105 

Zacks Fork Creek ....................... At the confluence with Lower Creek ........................................ +1,088 City of Lenoir, Unincorporated 

Areas of Caldwell County. 

Approximately 800 feet downstream of Northeast Georgetown Road.+1,139 

Zacks Fork Creek Tributary 1 ..... Approximately 400 feet upstream of the confluence with 

Zacks Fork Creek.

+1,156 Unincorporated Areas of 

Caldwell County, City of 

Lenoir. 

Approximately 1.2 miles upstream of the confluence with 

Zacks Fork Creek.

+1,268 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

City of Lenoir 

Maps are available for inspection at Lenoir City Hall, 801 West Avenue Northwest, 3rd Floor, Lenoir, North Carolina. 

Town of Cajahs Mountain 

Maps are available for inspection at Cajahs Mountain Town Hall, 1800 Connelly Springs Road, Lenoir, North Carolina. 

Town of Gamewell 

Maps are available for inspection at the Gamewell Town Hall, 2750 Old Morganton Road, Lenoir, North Carolina. 

Town of Granite Falls 

Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, North Carolina. 

Town of Hudson 

Maps are available for inspection at Hudson Town Hall, 550 Central Street, Hudson, North Carolina. 

Town of Sawmills 

Maps are available for inspection at Sawmills Town Hall, 4076 U.S. Highway 321A, Sawmills, North Carolina. 

Unincorporated Areas of Caldwell County 

Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, North Carolina. 

Knox County, Ohio, and Incorporated Areas FEMA Docket No.: B–7790 

Center Run ................................. At East Gambier Rd ................................................................. +979 Unincorporated Areas of Knox 

County. 

Approximately 700 feet downstream of E Vine St ................... +981 

Kokosing River ............................ .55 miles upstream of Big Run Road ....................................... +944 Village of Gambier. 

Approximately 360 feet upstream of Laymon Rd ..................... +953 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Unincorporated Areas of Knox County 

Maps are available for inspection at 117 East High Street, Mount Vernon, OH 43050. 

Village of Gambier 

Maps are available for inspection at 115 Meadow Lane, Gambier, OH 43022. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12731 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: January 22, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6664 Filed 3–24–09; 8:45 am] 

BILLING CODE 9110–12–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 509 and 552 

[GSAR Amendment 2009–01; GSAR Case 

2006–G512 (Change 27); Docket 2008–0007; 

Sequence 9] 

RIN 3090–AI57 

General Services Acquisition 

Regulation; GSAR Case 2006–G512; 

Rewrite of GSAR Part 509, Contractor 

Qualifications 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Manual (GSAM) to update 

the text addressing contractor 

qualifications. This rule is a result of the 

General Services Administration 

Acquisition Manual (GSAM) rewrite 

initiative undertaken by GSA to revise 

the GSAM to maintain consistency with 

the Federal Acquisition Regulation 

(FAR), and to implement streamlined 

and innovative acquisition procedures 

that contractors, offerors, and GSA 

contracting personnel can use when 

entering into and administering 

contractual relationships. The GSAM 

incorporates the General Services 

Administration Acquisition Regulation 

(GSAR) as well as internal agency 

acquisition policy. 

DATES: Effective Date: April 24, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC, 

20405, (202) 501–4755. Please cite 

Amendment 2009–01, GSAR case 2006– 

G512 (Change 27). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSAR Rewrite Project and 

Process 

On February 15, 2006, GSA published 

an Advance Notice of Proposed 

Rulemaking (ANPR) with request for 

comments on all parts of the GSAM. As 

a result, two comments were received 

on Part 509. These are addressed below. 

In addition, internal review comments 

have been incorporated as appropriate. 

A proposed rule for the regulatory 

portion of the GSAM was published in 

the Federal Register at 73 FR 36013, 

June 25, 2008. In addition, GSA 

Acquisition Letter V–08–06, entitled 

‘‘Changes to Procedures for Conducting 

Fact-Finding in a Debarment/ 

Suspension Case Under GSAM Subpart 

509.4,’’ dated June 20, 2008, was 

incorporated into Subpart 509.4 (see 

below). The public comment period for 

GSAR Part 509 closed on August 25, 

2008, and six comments were received 

from five commenters. 

The Rewrite of Part 509 

This final rule contains the revisions 

made to Part 509, Contractor 

Qualifications. GSA Form 353, 

Performance Evaluation and Facilities 

Report, is deleted so that similar FAR 

forms will be used instead. Subpart 

509.2, subsection 509.405–1(b), and 

clauses 552.209–70 through 552.209–73 

are deleted because they are deemed 

unnecessary. The explanation of 

‘‘auditor’’ in 509.105–1 is removed 

because it is partly duplicative (credit 

and finance) and too restrictive (does 

not allow use of DCAA). Subsection 

509.406–3(b)(7) is deleted as duplicative 

of 509.406–3(b)(5). The debarment legal 

authorities in 509.401 are updated. The 

term ‘‘Suspension and Debarment 

Official’’ is used consistently 

throughout the Part. Subparagraph 

509.406–3(d) was rewritten to 

incorporate the procedures for 

conducting fact finding in a debarment 

or suspension case from GSA 

Acquisition Letter V–08–06, dated June 

20, 2008. 

Discussion of Comments 

A proposed rule was published in the 

Federal Register at 73 FR 36013, June 

25, 2008. The comment period closed 

August 25, 2008, and six comments 

were received from five commenters. 

Also, GSA Acquisition Letter V–08–06, 

published on June 20, 2008, was 

incorporated in the final rule. 

1. No new guidelines on teaming. 

Comment: Four commenters wrote in 

support of the revisions to GSAR Part 

509 and to advocate not creating new 

guidelines that would make it more 

difficult for small businesses to work as 

teams. 

Response: Concur. There are no plans 

to create new guidelines for teaming. 

2. Revise rules for GSA Form 527 so 

as not to make it a last resort for 

contracting officers. 

Comment: The GSA Form 527, 

Contractor Qualifications and Financial 

Information, was retained, but 

associated text was modified to 

authorize its use ‘‘only after exhausting 

other available sources of information.’’ 

While acknowledging that the GSA 

Form 527 is lengthy, the commenter 

does not think that making the preaward 

process longer by having contracting 

officers research all other sources of 

information prior to seeking needed 

information from the contractor is 

helpful to either party. The commenter 

said he would not be entirely 

comfortable making a responsibility 

determination based only on 

information external to the offeror, 

without providing the offeror an 

opportunity to tell its own story about 

qualifications and abilities. 

Response: Nonconcur. FAR 9.105 

includes the standards and procedures 

for requesting and obtaining information 

sufficient to determine the 

responsibility of a prospective 

contractor, i.e., that an offeror meets the 

standards at FAR 9.104. A careful 

reading of FAR 9.105–1 nets a long list 

of potential sources for objective 

information, none of which are the 

offeror itself. While there is nothing 

wrong with obtaining information 

directly from an offeror, the offeror itself 

should not be the first, or the only, 

source of information for making a 

responsibility determination. GSA 

acquisition personnel should make 

greater use of the information sources 

listed in the FAR, and appropriate use 

of such sources would not extend the 

length of time needed to make a 

responsibility determination. 

3. Consider eliminating GSA Form 

527. 

Comment: A commenter proposed to 

eliminate GSA Form 527, as long as 

GSA Finance will continue to perform 

financial reviews without it. Rather than 

using a lengthy form, the commenter 

said, perhaps a brief GSAR solicitation 

provision could be written detailing the 

type of information an offeror may be 

requested to provide to support a 

responsibility determination. 

Response: Nonconcur. While this is a 

good concept, made in the spirit of 

eliminating unnecessary agency-level 

supplementation of the FAR, the GSA 

Office of Finance, at this time, will not 

agree to perform financial reviews 

without it. 

4. GSA Acquisition letter V–08–06, 

entitled ‘‘Changes to Procedures for 


sroberts on PROD1PC70 with RULES