Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12811 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

ADDRESSES 

City of San Angelo 

Maps are available for inspection at PO BOX 1751, San Angelo, TX 76902. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 2, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6711 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–1045] 

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–xxxx, 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 (email) 

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: 


PWALKER on PROD1PC71 with PROPOSALS
12812 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 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Crittenden County, Arkansas, and Incorporated Areas 

Mississippi River ................... Approximately at River Mile 741 .................................. None +234 Crittenden County. 

Approximately at River Mile 750 .................................. None +237 

Approximately at River Mile 700 .................................. None +212 

Approximately at River Mile 727 .................................. None +226 

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

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

ADDRESSES 

Crittenden County 

Maps are available for inspection at County Courthouse, 85 Jackson Street, Marion, AR 72482. 

Mississippi County, Arkansas, and Incorporated Areas 

Mississippi River ................... Approximately at River Mile 755 .................................. None +238 Unincorporated Areas of 

Mississippi County, City 

of Luxora. 

Approximately at River Mile 818 .................................. None +268 

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

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

ADDRESSES 

City of Luxora 

Maps are available for inspection at 204 North Main Street, Luxora, AR 72358. 

Unincorporated Areas of Mississippi County 

Maps are available for inspection at 200 West Walnut, Blytheville, AR 8707635110. 

Phillips County, Arkansas, and Incorporated Areas 

Mississippi River ................... Approximately at River Mile 664 .................................. None +198 Unincorporated Areas of 

Phillips County. 

Approximately at River Mile 673 .................................. None +202 

Approximately at River Mile 618 .................................. None +174 

Approximately at River Mile 662 .................................. None +197 

* 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 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 Phillips County 

Maps are available for inspection at 620 Cherry Street, Suite 208, Helena, AR 72342. 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12813 

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 

Garvin County, Oklahoma, and Incorporated Areas 

.

Beef Creek ............................ Approximately 350 feet upstream of the confluence 

with Washita River.

None +924 Garvin County. 

Just downstream of East 1520 Road ........................... None +956 

Washita River ........................ Approximately 6,500 feet upstream of Highway 76 ..... None +979 Town of Erin Springs. 

Approximately 7,000 feet upstream of Highway 76 ..... None +979 

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

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

ADDRESSES 

Garvin County 

Maps are available for inspection at 201 W. Grant Avenue, Pauls Valley, OK 73075. 

Town of Erin Springs 

Maps are available for inspection at 201 W. Grant Avenue, Pauls Valley, OK 73075. 

Lamar County, Texas, and Incorporated Areas 

Baker Branch ........................ Approximately 799 feet downstream of Loop 286 ....... None +503 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 1,002 feet upstream of Bonham Street None +572 

Baker Branch Tributary #10 .. Just downstream of the confluence with Baker Branch None +537 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 503 feet upstream of Sherman Street .. None +560 

Baker Branch Tributary #24 .. Just upstream of the confluence with Baker Branch ... None +508 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 59 feet downstream of 7th Street ......... None +513 

Big Sand Creek Tributary #7 Just downstream of the confluence with Big Sandy 

Creek.

None +532 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 708 feet upstream of 17th Street ......... None +569 

Big Sandy Creek ................... Approximately 1,300 feet downstream of Loop 286 .... None +494 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 475 feet upstream of Sherman Street .. None +571 

Big Sandy Creek Tributary 

#16.

Just upstream of the confluence with Big Sandy 

Creek Tributary #4.

None +536 City of Paris, Unincorporated Areas of Lamar 

County. 

Just upstream of Cherry Street .................................... None +568 

Big Sandy Creek Tributary 

#2.

Just upstream of the confluence with Big Sandy 

Creek.

None +502 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 647 feet upstream of Lamar Avenue ... None +546 

Big Sandy Creek Tributary 

#3.

Just upstream of Houston Street ................................. None +557 City of Paris, Unincorporated Areas of Lamar 

County. 

Just upstream of the confluence with Big Sandy 

Creek.

None +588 

Big Sandy Creek Tributary 

#4.

Just downstream of the confluence with Big Sandy 

Creek.

None +516 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 888 feet upstream of Price Street ........ None +562 

Big Sandy Creek Tributary 

#8.

Just downstream of the confluence with Big Sandy 

Creek.

None +546 City of Paris, Unincorporated Areas of Lamar 

County. 


PWALKER on PROD1PC71 with PROPOSALS
12814 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 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 1,045 feet upstream of Hearon Street None +574 

Cottonwood Branch Tributary 

#11.

Approximately 75 feet downstream of Old Brookston 

Road.

None +516 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 377 feet upstream of Austin Street ...... None +584 

Pine Creek Tributary #12 ...... Approximately 852 feet downstream of the confluence 

with Pine Creek Tributary #13.

None +506 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 194 feet downstream of the confluence 

with Old City Lake.

None +524 

Pine Creek Tributary #13 ...... Just upstream of the confluence with Pine Creek Tributary #12.None +508 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 184 feet upstream of 28th Street ......... None +557 

Smith Creek .......................... Just downstream of the confluence with Smith Creek 

Tributary #15.

None +518 City of Paris, Unincorporated Areas of Lamar 

County. 

Just upstream of Center Street .................................... None +521 

Smith Creek Tributary #15 .... Just upstream of Center Street .................................... None +524 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 236 feet downstream of Houston 

Street.

+581 +588 

Stillhouse Creek Tributary 

#20.

Approximately 227 feet downstream of Spur 139 ........ None +514 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 44 feet upstream of Ridgeview Street .. None +573 

Stillhouse Creek Tributary 

#21.

Just downstream of the confluence with Stillhouse 

Creek Tributary #20.

None +526 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 32 feet downstream of Belmont Street None +581 

Stillhouse Creek Tributary 

#22.

Just downstream of Highway 195 ................................ None +508 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 170 feet upstream of Loop 535 ............ None +537 

Stillhouse Creek Tributary 

#23.

Just downstream of the confluence with Stillhouse 

Creek Tributary #22.

None +521 City of Paris, Unincorporated Areas of Lamar 

County. 

Approximately 43 feet downstream of Loop 286 ......... None +539 

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

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

ADDRESSES 

City of Paris 

Maps are available for inspection at PO Box 9037, Paris, TX 75461–9037. 

Unincorporated Areas of Lamar County 

Maps are available for inspection at 119 N Main Street, Paris, TX 75460. 

Montgomery County, Texas, and Incorporated Areas 

Alligator Creek Flooding Effects, its West Branch and 

its West Fork.

At the confluence of West Fork of San Jacinto River 

and Alligator Creek.

None +133 Unincorporated Areas of 

Montgomery County, 

City of Conroe. 

Approximately 375 feet upstream of Hillcrest Road .... None +195 

Approximately 650 feet upstream of Hillcrest Road .... None +215 

Just upstream of State Highway 336 and Alligator 

Creek.

None +238 

Arnold Branch Flooding Effects.At the confluence of Mink Branch and Arnold Branch None +203 Unincorporated Areas of 

Montgomery County. 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12815 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 800 feet downstream of Grand Oaks 

Boulevard.

None +214 

Approximately 2,100 feet upstream of Nichols Sawmill 

Road.

None +227 

Approximately 2.34 miles downstrean of Doodson 

Road.

None +246 

Bear Branch Flooding Effects Approximately 2,500 feet downstream of Sawdust 

Road.

None +117 Unincorporated Areas of 

Montgomery County. 

Just downstream of Woodlands Parkway .................... None +123 

At the confluence of Panther Branch and Bear Branch None +140 

Approximately 100 feet downstream from Kuykendahl 

Road.

None +157 

Bee Branch Flooding Effects Approximately 1.1 miles upstream of the confluence 

with Jayhawker Creek and Bee Branch.

None +129 Unincorporated Areas of 

Montgomery County. 

Just upstream of Fostoria Road ................................... None +142 

Bens Branch ......................... Approximately 620 feet downstream from the Loop 

494.

None +79 Unincorporated Areas of 

Montgomery County. 

Just downstream of Loop 494 ...................................... None +80 

Brushy Creek Flooding Effects.At the confluence of Spring Creek and Brushy Creek None +187 Unincorporated Areas of 

Montgomery County. 

Approximately 4,550 feet upstream from the confluence of Threemile Creek and Brushy Creek.None +214 

Camp Creek Flooding Effects 

and its Tributaries.

Just upstream of Rogers Road .................................... None +306 Unincorporated Areas of 

Montgomery County, 

City of Willis. 

Just upstream of African Hill Road .............................. None +337 

Caney Creek Flooding Effects.At the confluence of Peach Creek and Caney Creek .. None +70 Unincorporated Areas of 

Montgomery County, 

City of Cut ’N Shoot. 

At the confluence of McRae Creek and Caney Creek None +183 

Approximately 6,500 feet upstream of Bilnoski Road .. None +268 

Approximately 9,000 feet upstream of Mt. Zion Road None +282 

Approximately 15,500 feet upstream of confluence 

with Caney Creek.

None +285 

Caney Creek North Flooding 

Effects.

At the confluence of Caney Creek Tributary No. 4 and 

Caney Creek North.

None +202 Unincorporated Areas of 

Montgomery County. 

At the confluence of Kelly Branch and Caney Creek 

North.

None +220 

Carters Slough Flooding Effects.At the confluence of West Fork of San Jacinto River 

and Carters Slough.

None +108 Unincorporated Areas of 

Montgomery County. 

Just upstream of unnamed Railroad and Carters 

Slough.

None +124 

Crystal Creek Flooding Effects.At the confluence of West Fork of San Jacinto River 

and Crystal Creek.

None +109 Unincorporated Areas of 

Montgomery County, 

City of Conroe, City of 

Cut ’N Shoot. 

At the confluence of West Fork of Crystal Creek and 

Crystal Creek.

None +143 

At the confluence of Crystal Creek Tributary No. 4 

and Crystal Creek.

None +193 

At the confluence of Crystal Creek Tributary No. 7 

and Crystal Creek.

None +240 

Approximately 0.5 miles upstream of State Highway 

75.

None +307 

Decker Branch Flooding Effects and its Tributaries.At the confluence of Mill Creek .................................... None +157 Unincorporated Areas of 

Montgomery County. 

Approximately 350 feet downstream from FM 1774 

County Highway.

None +208 

Approximately 440 feet upstream from Tree Meadow 

Road.

None +219 

Dry Creek Flooding Effects 

and its Tributaries.

At the confluence of Caney Creek and Dry Creek ...... None +93 Unincorporated Areas of 

Montgomery County, 

City of Conroe. 

Just upstream of Massey Road and Dry Creek ........... None +157 

Dry Creek No. 2, its Tributaries and Flooding Effects.At the confluence of unnamed intermittent river .......... None +195 Unincorporated Areas of 

Montgomery County. 

Approximately 190 feet downstream from Smith-Dobbin Road.None +214 


PWALKER on PROD1PC71 with PROPOSALS
12816 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 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Duck Creek Flooding Effects At the confluence of Peach Creek and Duck Creek .... None +151 Unincorporated Areas of 

Montgomery County. 

Approximately 4,000 feet upstream of Duff Road ........ None +191 

Goodson Branch Flooding 

Effects and its Tributaries.

At the conflunce of Decker Branch Tributary No. 1 

and Goodson Branch.

None +188 Unincorporated Areas of 

Montgomery County. 

Approximately 176 feet downstream from Goodson 

Loop.

None +217 

Hightower Branch Flooding 

Effects.

At the confluence of Peach Creek and Hightower 

Branch.

None +120 Unincorporated Areas of 

Montgomery County. 

Approximately 9,800 feet upstream of the confluence 

with Peach Creek and Hightower Branch.

None +135 

Jayhawker Creek Flooding 

Effects.

Approximately 4,000 feet upstream of the confluence 

with Bee Branch and Jayhawker Creek.

None +128 Unincorporated Areas of 

Montgomery County. 

Approximately 7,300 feet upstream of unnamed Railroad.None +147 

Lake Creek Flood Effects, its 

Tributaries and unnamed 

Streams.

At the confluence of West Fork of San Jacinto River 

and Lake Creek.

None +133 Unincorporated Areas of 

Montgomery County. 

At the confluence of Lake Creek Tributary No. 2 and 

Lake Creek.

None +152 

At the confluence of Landrum Creek and Lake Creek None +195 

Aproximately 5,760 feet upstream of the confluence 

with Kidhaw Branch and Lake Creek.

None +260 

Lawrence Creek Flooding Effects.At the confluence of Peach Creek and Lawrence 

Creek.

None +146 Unincorporated Areas of 

Montgomery County. 

Aproximately 1,500 feet downstream of Walker Road 

and Lawrence Creek.

None +191 

Little Caney Creek No. 3 

Flooding Effects.

Approximately 2,800 feet downstream from Mount 

Mariah Road.

None +223 Unincorporated Areas of 

Montgomery County. 

Approximately 4,300 feet upstream of Mount Mariah 

Road.

None +228 

Little Lake Creek Flooding 

Effects.

At the confluence of Little Lake Creek Tributary No. 6 

and Little Lake Creek.

None +202 Unincorporated Areas of 

Montgomery County. 

Just upstream of FM11097 County Highway ............... None +305 

Mares Branch Flooding Effects.At the confluence of Peach Creek and Mares Branch None +96 Unincorporated Areas of 

Montgomery County. 

Approximately 7,000 feet upstream of the confluence 

of Peach Creek and Mares Branch.

None +98 

McRae Creek Flooding Effects.At the confluence of Caney Creek and McRae Creek None +184 Unincorporated Areas of 

Montgomery County. 

Approximately 9,850 feet upstream of Tanyard Road None +335 

Mill Creek Flooding Effects 

and its Tributaries.

At the confluence of Spring Creek and Mill Creek ...... None +156 Unincorporated Areas of 

Montgomery County. 

Just upstream of unnamed Railroad ............................ None +172 

At the confluence of Tributary No. 2 and Mill Creek ... None +190 

At the confluence of Mill Creek Tributary No. 6 ........... None +214 

Mink Branch Flooding Effects At the confluence of Walnut Creek and Mink Branch .. None +189 Unincorporated Areas of 

Montgomery County. 

At the confluence of Arnold Branch and Mink Branch None +203 

Approximately 1,500 feet downstream of Old Hempstead Road.None +249 

Orton Gully Flooding Effects At the confluence of East Fork of San Jacinto River 

and Orton Gully.

None +72 Unincorporated Areas of 

Montgomery County. 

Approximately 750 feet upstream of Cambridge Boulevard.None +91 

Panther Branch Flooding Effects.At the confluence of Spring Creek and Panther 

Branch.

None +108 Unincorporated Areas of 

Montgomery County, 

City of Conroe, Town of 

Shenandoah. 

Just upstream of Magnolia Conroe Road .................... None +181 

Just upstream of FM 1488 County Highway ................ None +191 

Peach Creek Flooding Effects and its Tributaries.At the confluence of Caney Creek and Peach Creek .. None +70 Unincorporated Areas of 

Montgomery County, 

City of Splendora, Village of Patton Village, 

Village of Woodbranch. 

Approximately 15,000 feet upstream of the confluence 

with Duck Creek and Peach Creek.

None +164 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12817 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 17,000 feet upstream of the confluence 

with Peach Creek Tributary No. 3 and Peach Creek.

None +340 

Approximately 16,500 feet upstream of the confluence 

with Peach Creek.

None +367 

Pole Creek Flooding Effects At the confluence with Little Lake Creek and Pole 

Creek.

None +239 Unincorporated Areas of 

Montgomery County. 

Approximately 10,000 feet upstream of Martha Williams Road.None +297 

Sand Branch No. 2 Flooding 

Effects.

At the confluence with Little Lake Creek and Sand 

Branch No. 2.

None +243 Unincorporated Areas of 

Montgomery County. 

Approximately 18,000 feet upstream of the confluence 

with Little Lake Creek and Sand Branch No. 2.

None +314 

Silverdale Creek Flooding Effects.At the confluence of West Fork of San Jacinto River 

and Silverdale Creek.

None +126 Unincorporated Areas of 

Montgomery County, 

City of Conroe. 

Just upstream of Wagers Street .................................. None +187 

Spring Branch Flooding Effects.At the confluence of Carney Creek and Spring Branch None +95 Unincorporated Areas of 

Montgomery County. 

Approximately 2,600 feet upstream of East Old Highway 105 Road.None +176 

Spring Branch No. 2 Flooding Effects.Approximately 1,500 feet upstream from the confluence with Landrum Creek and Spring Branch No. 

2.

None +202 Unincorporated Areas of 

Montgomery County. 

Just upstream of Spring Branch Road ......................... None +264 

Spring Creek Flooding Effects into Sam Bell Gully 

Diversion Channel.

At the confluence of Spring Creek and Sam Bell Gully None +100 Unincorporated Areas of 

Montgomery County, 

City of Oak Ridge North. 

At the confluence of Sam Bell Gully Tributary Diversion Channel and Spring Creek.None +117 

Approximately 1,150 feet upstream from Woodson 

Road.

None +136 

Spring Creek, its Tributaries, 

intermittent Streams and 

Flooding Effects for areas 

north of Spring Creek.

At the confluence of West Fork of San Jacinto River 

and Spring Creek.

None +67 Unincorporated Areas of 

Montgomery County, 

City of Houston. 

At the confluence of Sam Bell Gully Diversion Channel and Spring Creek.None +100 

At the confluence of Mill Creek and Spring Creek ...... None +156 

At the confluence of Walnut Creek and Spring Creek None +169 

Stewart Creek Flooding Effects.Approximately 330 feet upstream of SH 336 ............... None +148 Unincorporated Areas of 

Montgomery County, 

City of Conroe, City of 

Panorama Village. 

At the confluence of Stewarts Creek Tributary No. 1 

and Stewarts Creek.

None +208 

Approximately 4,000 feet upstream of FM 830 County 

Highway.

None +292 

Sulphur Branch Flooding Effects.At the confluence of Walnut Creek and Sulfer Branch None +178 Unincorporated Areas of 

Montgomery County, 

City of Stagecoach, 

Town of Magnolia. 

Just upstream of Greek Oak Road .............................. None +218 

Approximately 75 feet downstream from Magnolia 

Conroe Street.

None +273 

Threemile Creek Flooding Effects.At the confluence of Brushy Creek and Threemile 

Creek.

None +208 Unincorporated Areas of 

Montgomery County. 

Approximately 4,300 feet upstream from the confluence of Brushy Creek and Threemile Creek.None +211 

Walnut Creek Flooding Effects.At the confluence of Spring Creek and Walnut Creek None +168 Unincorporated Areas of 

Montgomery County, 

City of Stagecoach. 

At the confluence of Mink Branch and Walnut Creek .. None +189 

At the confluence of Log Gully and Walnut Creek ...... None +195 

Approximately 3,200 feet upstream from unnamed 

Tributary.

None +223 

West Fork of Spring Branch 

Flooding Effects.

At the confluence of Spring Branch and West Fork of 

Spring Branch.

None +129 Unincorporated Areas of 

Montgomery County. 


PWALKER on PROD1PC71 with PROPOSALS
12818 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 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 3,300 feet upstream of Pine Road ....... None +191 

White Oak Creek Flooding 

Effects.

Approximately 20,000 feet downstream of unnamed 

Railroad.

None +67 Unincorporated Areas of 

Montgomery County. 

Approximately 5,100 feet downstream of unnamed 

Railroad.

None +80 

Woodsons Gully Flooding Effects.At the confluence of West Fork of San Jancinto River 

and Woodsons Gully.

None +78 Unincorporated Areas of 

Montgomery County. 

Approximately 15,100 feet upstream of Riley Fuzzel 

Road.

None +111 

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

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

ADDRESSES 

City of Conroe 

Maps are available for inspection at 505 West Davis, Conroe, TX 77301. 

City of Cut ’N Shoot 

Maps are available for inspection at 14391 East Highway 105, Cut ’N Shoot, TX 77303. 

City of Houston 

Maps are available for inspection at 611 Walker Road, Houston, TX 77002. 

City of Oak Ridge North 

Maps are available for inspection at 27326 Robinson Road, Suite 115, Conroe, TX 77385. 

City of Panorama Village 

Maps are available for inspection at 98 Hiwon Drive, Panorama Village, TX 77304. 

City of Splendora 

Maps are available for inspection at 16940 Main Street, Splendora, TX 77372. 

City of Stagecoach 

Maps are available for inspection at 16022 Westward Ho, Mongolia Texas, TX 77355. 

City of Willis 

Maps are available for inspection at P.O. Box 436, Willis, TX 77378. 

Town of Magnolia 

Maps are available for inspection at 510 Magnolia Blvd, Magnolia, TX 77356. 

Town of Shenandoah 

Maps are available for inspection at 29811 I–45 North, Shenandoah, TX 77381. 

Unincorporated Areas of Montgomery County 

Maps are available for inspection at 301 North Thompson, Suite 210, Conroe, TX 77301. 

Village of Patton Village 

Maps are available for inspection at 16940 Main Street, Splendora, TX 77372. 

Village of Woodbranch 

Maps are available for inspection at 2626 North Woodloch Drive, Conroe, TX 77385. 

Green Lake County, Wisconsin, and Incorporated Areas 

Grand River ........................... At Mill Pond Inlet .......................................................... None +795 Village of Kingston. 

At Mill Pond Dam ......................................................... None +795 

Green Lake ........................... Along the entire Green Lake Shoreline ........................ None +799 City of Green Lake.

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

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


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12819 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

ADDRESSES 

City of Green Lake 

Maps are available for inspection at City Hall, 534 Mill Street, Green Lake, WI 54941. 

Village of Kingston 

Maps are available for inspection at Village Hall, 105 West Ann Street, Kingston, WI 53939. 

Outagamie County, Wisconsin, and Incorporated Areas 

AAL Tributary ........................ At the confluence with Apple Creek ............................. None +742 City of Appleton.

Approximately 410 feet upstream of North Lightning 

Drive.

None +746 

Apple Creek .......................... Approximately 0.92 miles upstream of Garrity Road ... None +646 City of Appleton, Unincorporated Areas of 

Outagamie County, Village of Little Chute. 

Approximately 0.33 miles upstream of U.S. Highway 

41.

None +774 

Apple Creek North ................ At the confluence with Apple Creek ............................. None +729 City of Appleton, Unincorporated Areas of 

Outagamie County. 

Approximately 90 feet upstream of County Highway E None +780 

Apple Creek North Overland 

Flow.

At the confluence with Apple Creek Northeast ............ None +737 City of Appleton, Unincorporated Areas of 

Outagamie County. 

At the divergence from Apple Creek North .................. None +744 

Apple Creek Northeast ......... At the confluence with Apple Creek ............................. None +721 City of Appleton, Unincorporated Areas of 

Outagamie County. 

Approximately 0.35 miles upstream of Lanser Lane ... None +761 

Apple Creek Overland Flow .. At the confluence with Apple Creek ............................. None +757 City of Appleton. 

Approximately 0.23 miles above the confluence with 

Apple Creek.

None +767 

County Highway JJ Swale .... At the confluence with Apple Creek ............................. None +729 Unincorporated Areas of 

Outagamie County. 

Approximately 920 feet upstream of the confluence 

with Apple Creek.

None +730 

Fox River ............................... Approximately 0.56 miles upstream of State Highway 

441.

+704 +703 City of Appleton, Unincorporated Areas of 

Outagamie County. 

Approximately 200 feet downstream of Appleton 

Upper Dam.

+725 +728 

Fox River ............................... Approximately 0.27 miles downstream of Rapids 

Croche Dam.

None +603 Unincorporated Areas of 

Outagamie County. 

Approximately 0.87 miles downstream of Thilmany 

Dam.

None +610 

French Road Overland Flow At the confluence with French Road Swale ................. None +738 City of Appleton. 

Approximately 960 feet above the confluence with 

French Road Swale.

None +743 

French Road Swale .............. At the confluence with Apple Creek ............................. None +733 City of Appleton. 

At the divergence from Apple Creek North .................. None +747 

Garners Creek ...................... At the confluence with Fox River ................................. +662 +660 City of Appleton, Unincorporated Areas of 

Outagamie County, Village of Combined Locks, 

Village of Kimberly, Village of Little Chute. 

Approximately 0.28 miles upstream of Stoney Brook 

Road.

None +773 

Garners Creek Tributary 1 .... At the confluence with Garners Creek ......................... None +666 Village of Combined 

Locks, Unincorporated 

Areas of Outagamie 

County. 

Approximately 1.28 miles upstream from Block Road None +747 

Garners Creek Tributary 2 .... At the confluence with Garners Creek ......................... None +698 Unincorporated Areas of 

Outagamie County. 

Approximately 30 feet upstream of Greenspire Way ... None +748 


PWALKER on PROD1PC71 with PROPOSALS
12820 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 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Garners Creek Tributary 3 .... At the confluence with Garners Creek ......................... None +711 Unincorporated Areas of 

Outagamie County. 

Approximately 401 feet upstream of Fenceline Drive .. None +757 

Garners Creek Tributary 3.1 At the confluence with Garners Creek Tributary 3 ...... None +733 Unincorporated Areas of 

Outagamie County. 

Approximately 0.20 miles from the confluence with 

Garners Creek Tributary 3.

None +740 

Garners Creek Tributary 4 .... Approximately 50 feet downstream of State Highway 

441.

None +753 City of Appleton, Unincorporated Areas of 

Outagamie County. 

At the confluence with Garners Creek ......................... None +753 

Glory Lane Swale ................. At the confluence with Apple Creek ............................. None +733 City of Appleton. 

Approximately 120 feet south of Glory Lane ............... None +734 

Mud Creek ............................ Approximately 1.33 miles downstream of West Spencer Street.+745 +744 Unincorporated Areas of 

Outagamie County. 

Approximately 170 feet downstream of North 

Mayflower Drive.

None +837 

Mud Creek Tributary 3.2 ....... At the confluence with Mud Creek Tributary 3 ............ None +774 Unincorporated Areas of 

Outagamie County. 

Approximately 0.51 miles upstream of Elsner Road .... None +805 

Mud Creek Tributary 3.3 ....... At the confluence with Mud Creek Tributary 3 ............ None +774 Unincorporated Areas of 

Outagamie County. 

Approximately 500 feet upstream of State Highway 15 None +846 

Mud Creek Tributary 3.3.2 .... At the confluence with Mud Creek Tributary 3.3 ......... None +791 Unincorporated Areas of 

Outagamie County. 

Approximately 100 feet downstream of County Highway JJ.None +800 

Mud Creek Tributary 3.3.3 .... Approximately 370 feet downstream of Barley Way .... None +797 Unincorporated Areas of 

Outagamie County. 

Approximately 150 feet downstream of County Highway JJ.None +800 

Wolf River ............................. Approximately 1.13 miles downstream of U.S. Highway 45.+760 +761 City of New London. 

Approximately 1.19 miles downstream of U.S. Highway 45.+760 +761 

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

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

ADDRESSES 

City of Appleton 

Maps are available for inspection at 100 North Appleton Street, Appleton, WI 54911–4799. 

City of New London 

Maps are available for inspection at 405 West Wolf River Avenue, New London, WI 54961. 

Unincorporated Areas of Outagamie County 

Maps are available for inspection at 410 South Walnut Street, Appleton, WI 54911. 

Village of Combined Locks 

Maps are available for inspection at 405 Wallace Street, Combined Locks, WI 54113. 

Village of Kimberly 

Maps are available for inspection at 515 West Kimberly Avenue, Kimberly, WI 54136. 

Village of Little Chute 

Maps are available for inspection at 108 West Main Street, Little Chute, WI 54140. 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12821 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 16, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6669 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–1034] 

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–1034, 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: 


PWALKER on PROD1PC71 with PROPOSALS