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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1040]
 AGENCY: Federal Emergency Management Agency, DHS.
 ACTION: Proposed rule.
 SUMMARY: Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
 DATES: Comments are to be submitted on or before August 17, 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-1040, 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, 
                        ( print page 23141)
                        Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151 or (e-mail) 
                        *bill.blanton@dhs.gov.*


SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. *National Environmental Policy Act.*
                     This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.*
                     As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Executive Order 12866, Regulatory Planning and Review.*
                     This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. *Executive Order 13132, Federalism.*
                     This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.*
                     This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure
Flood insurance
Reporting and recordkeeping requirements
 Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority:
                        42 U.S.C. 4001 
                            *et seq.*;  Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4
  2. The tables published under the authority of § 67.4 are proposed to be amended as follows: State
City/town/county
Source of flooding
Location **
* Elevation in feet (NGVD) 
                                     + Elevation in feet (NAVD)  
                                     # Depth in feet above ground  
                                     ‸ Elevation in meters (MSL)Existing
Modified**City of Burnside, Kentucky**Kentucky
City of Burnside
Lake Cumberland
Entire shoreline
None
+749* 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 Burnside**Maps are available for inspection at 7929 South Highway 27, Burnside, KY 42519.
 Flooding source(s)
Location of referenced elevation **
* Elevation in feet (NGVD) 
                                     + Elevation in feet (NAVD)  
                                     # Depth in feet above ground  
                                     ‸ Elevation in meters (MSL)
Communities affectedEffective
Modified**Fairfield County, Connecticut, and Incorporated Areas**East Swamp Brook
Entire reach within City of Danbury
None
+293
City of Danbury.Farmill River
Entire reach within Town of Stratford
None
+14
Town of Stratford.Entire reach within Town of Stratford
None
+70Five Mile River
At upstream side of Old Rock Lane
+141
+139
City of Norwalk.Approximately 750 feet upstream of Old Rock Lane
+142
+139Horse Tavern Brook
At upstream side of Park Avenue
+129
+132
City of Bridgeport.( print page 23142)Approximately 670 feet upstream of Park Avenue
+131
+132Approximately 1,580 feet upstream of Old Town Road
None
+239Approximately 1,820 feet upstream of Old Town Road
None
+240Horse Tavern Brook
Approximately 470 feet upstream of Old Town Road
+236
+238
Town of Trumbull.Approximately 1,070 feet upstream of Old Town Road
+238
+239Housatonic River
Approximately 2,775 feet upstream of Merritt Parkway
+13
+14
Town of Stratford.Approximately 3,650 feet upstream of Merritt Parkway
+13
+14Housatonic River
At confluence of Halfway River
None
+108
Town of Newtown.Approximately 15,800 feet upstream of confluence of Halfway River
None
+108Laurel Brook
Approximately 320 feet upstream of confluence with Rippowam River (Upper Reach)
+244
+245
City of Stamford.Approximately 40 feet upstream of Laurel Road
+279
+274Mianus River
At upstream side of Valley Road
+72
+73
Town of Greenwich.Approximately 270 feet upstream of Valley Road
+72
+73Noroton River
Approximately 1,860 feet downstream of State Route 15
None
+117
Town of Darien, City of Stamford.Approximately 1,040 feet downstream of State Route 15
None
+117Norwalk River
Entire reach within Town of Weston
None
+302
Town of Weston.Norwalk River
Approximately 2,740 feet upstream of U.S. Route 7
None
+367
Town of Ridgefield.Approximately 3,500 feet upstream of U.S. Route 7
None
+373Rippowam River (Upper Reach)
Approximately 290 feet downstream of Cascade Road
+227
+228
Town of New Canaan.Approximately 3,360 feet upstream of Cascade Road
+242
+243Rooster River
At upstream side of Railroad
+16
+15
Town of Fairfield.At downstream side of Brooklawn Avenue
+20
+19Terehaute Brook
Entire reach within City of Danbury
None
+367
City of Danbury.Entire reach within City of Danbury
None
+373Tributary O at Intervale Road
Entire reach within Town of Stratford
None
+140
Town of Stratford.* 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 Bridgeport**Maps are available for inspection at the City of Bridgeport Zoning Office, 45 Lyon Terrace, Bridgeport, CT.**City of Danbury**Maps are available for inspection at Danbury City Hall, Engineering Department, 155 Deer Hill Avenue, Danbury, CT.**City of Norwalk**Maps are available for inspection at Norwalk City Hall, Planning and Zoning Department, 125 East Avenue, Room 223, Norwalk, CT.**City of Stamford**Maps are available for inspection at the City of Stamford Environmental Protection Board, 888 Washington Boulevard, 7th Floor, Stamford, CT.**Town of Darien**Maps are available for inspection at the Darien Town Hall, 2 Renshaw Road, Darien, CT.**Town of Fairfield**Maps are available for inspection at the Town of Fairfield Engineering Department, Sullivan Independence Hall, 725 Old Post Road, Fairfield, CT.**Town of Greenwich**Maps are available for inspection at the Greenwich Town Hall, Planning and Zoning Department, 101 Field Point Road, Greenwich, CT.**Town of New Canaan**Maps are available for inspection at the New Canaan Town Hall, Office of the Town Clerk, 77 Main Street, New Canaan, CT.**Town of Newtown**Maps are available for inspection at the Town of Newtown Land Use Agency, 31 Pecks Lane, Newtown, CT.**Town of Ridgefield**Maps are available for inspection at the Ridgefield Town Hall Annex, Planning and Zoning Department, 66 Prospect Street, Ridgefield, CT.**Town of Stratford**( print page 23143)Maps are available for inspection at the Stratford Town Hall, Planning and Zoning Department, 2725 Main Street, Stratford, CT.**Town of Trumbull**Maps are available for inspection at the Trumbull Town Hall, Engineering Department, 5866 Main Street, Trumbull, CT.**Town of Weston**Maps are available for inspection at the Weston Town Hall, Office of the Town Clerk, 56 Norfield Road, Weston, CT.**Clinton County, Kentucky, and Incorporated Areas**Cumberland River
Approximately 2,300 feet downstream of the confluence with Tearcoat Creek
None
+568
Unincorporated Areas of Clinton County.Approximately 2,300 feet upstream of the confluence with Millers Creek
None
+571Dale Hollow Lake (Wolf River)
At the confluence with Wolf River
None
+663
Unincorporated Areas of Clinton County.Approximately 1,800 feet upstream of the confluence with Spring Creek
None
+663Lake Cumberland
Just upstream of Wolf Creek Dam
None
+760
Unincorporated Areas of Clinton County.At confluence with Otter Creek
None
+760* 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 Clinton County**Maps are available for inspection at 100 South Cross Street, Albany, KY 42602.**Russell County, Kentucky, and Incorporated Areas**Cumberland River
Approximately 3,700 feet downstream of the confluence with Lester Creek
None
+565
Unincorporated Areas of Russell County.Just downstream of Wolf Creek Dam
None
+577Lake Cumberland
Just upstream of Wolf Creek Dam
+750
+760
Unincorporated Areas of Russell County, City of Jamestown.Just downstream of the confluence with Thomas Branch
+750
+760* 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 Jamestown**Maps are available for inspection at 202 Monument Square, Jamestown, KY 42629.**Unincorporated Areas of Russell County**Maps are available for inspection at One Public Square, Jamestown, KY 42629.**Allen Parish, Louisiana, and Incorporated Areas**Beaver Creek
Approximately 7,218 feet downstream of 16th Street
None
+117
City of Oakdale.Approximately 575 feet downstream of 16th Street
None
+119Bunch Creek
Intersection of Martin Tram Road and Bunchy Creek
None
+37
Unincorporated Areas of Allen Parish.( print page 23144)Approximately 3,097 feet upstream of Route 190
None
+38Calcasieu River
Approximately 341 feet upstream of unnamed creek
None
+106
City of Oakdale.Intersection of unnamed creek and Union Pacific Railroad
None
+107Gilley Gully
Approximately 1,539 feet downstream of Martin Tram Road
None
+35
Unincorporated Areas of Allen Parish.Approximately 4,613 feet upstream of Martin Tram Road
None
+36Whisky Chitto Creek
Approximately 10,369 feet upstream of confluence with Calcasieu River and Whisky Chitto Creek
None
+41
Unincorporated Areas of Allen Parish.Approximately 6,544 feet upstream of confluence with Calcasieu River and Whisky Chitto Creek
None
+41* 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 Oakdale**Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463.**Unincorporated Areas of Allen Parish**Maps are available for inspection at the Allen Parish Police Jury Office, 602 Court Street, Oberlin, LA 70655.**St. Landry Parish, Louisiana, and Incorporated Areas**Bayou Belleview
Approximately 330 feet downstream of George Street
None
+68
Unincorporated Areas of St. Landry Parish.Approximately 125 feet upstream of Gulino Street
None
+70Bayou Tesson
Approximately 450 feet upstream of Caddo Street
None
+68
Unincorporated Areas of St. Landry Parish, City of Opelousas.Approximately 100 feet upstream of Park Street
None
+70Flooding Effects of Unnamed Canal/Ditch
Approximately 350 feet East of Palm Street
None
+25
Town of Port Barre.Approximately 1,800 feet West of State Highway 741 and 25 Feet North of Highway 190
None
+25* 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 Opelousas**Maps are available for inspection at 318 North Court Street, Opelousas, LA 70570.**Town of Port Barre**Maps are available for inspection at P.O. BOX 219, 504 Saizan Avenue, Port Barre, LA 70577.**Unincorporated Areas of St. Landry Parish**Maps are available for inspection at P.O. Drawer 1550, 308 West Bloch Street, Opelousas, LA 70571.**St. Martin Parish, Louisiana, and Incorporated Areas**Bayou Peyronnet
2.27 miles upstream of the confluence with Bayou Berard
None
*13
Unincorporated Areas of St. Martin Parish.2.08 miles upstream of the confluence with Bayou Berard
None
+13( print page 23145)Bayou Teche
1,900 feet upstream of Smede Highway
None
+15
Unincorporated Areas of St. Martin Parish.2.08 miles upstream of Bridge Street
None
+21WABPL Borrow Pit (Above Henderson)
1,000 feet downstream of Potato Shed Road
+14
+16
Unincorporated Areas of St. Martin Parish.1.25 miles upstream of Potato Shed Road
+14
+17WABPL Borrow Pit (Below Henderson)
2,500 feet upstream of the confluence with Berard Canal
+14
+12
Unincorporated Areas of St. Martin Parish.4,500 feet upstream of the confluence with Berard Canal
+14
+12* 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 St. Martin Parish**Maps are available for inspection at 303 West Port Street, St. Martinsville, LA 70582.**Terrebonne Parish, Louisiana, and Incorporated Areas**Bayou Sauveur
At the intersection of Bayou Sauveur and Savanne Road
None
+5
Unincorporated Areas of Terrebonne Parish.At the intersection of Bayou Sauveur and Isle of Cuba Road
None
+10* 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 Terrebonne Parish**Maps are available for inspection at P.O.  Box 6097, 8026 Main Street/HWY 24, RM 40, Houma, LA 70361.**Madison County, Ohio, and Incorporated Areas**Little Darby Creek
30,610 feet upstream from confluence of Little Darby Creek and Darby Creek
None
+881
Village of West Jefferson.38,850 feet upstream from confluence of Little Darby Creek and Darby Creek
None
+894* 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****Village of West Jefferson**Maps are available for inspection at 28 East Main Street, West Jefferson, OH 43612.( print page 23146)**Nelson County, Virginia, and Incorporated Areas**Davis Creek
Approximately 983 feet upstream from the confluence with Rockfish River
None
+538
Unincorporated Areas of Nelson County.Approximately 150 feet downstream from Perry Lane
None
+862East Branch Hat Creek
Approximately 215 feet upstream from the confluence with Hat Creek
None
+674
Unincorporated Areas of Nelson County.At the intersection of Shaeffers Hollow Lane
None
+802Hat Creek
Approximately 730 feet upstream from the confluence with Tye River
None
+648
Unincorporated Areas of Nelson County.Approximately 610 feet downstream from East Branch Loop
None
+790Muddy Creek
Approximately 544 feet upstream from the confluence with Davis Creek
None
+550
Unincorporated Areas of Nelson County.Approximately 160 feet downstream from Anderson Lane
None
+689Rockfish River
Approximately 400 feet downstream from the confluence with Ivy Creek
None
+399
Unincorporated Areas of Nelson County.Approximately 2,200 feet downstream from Laurel Road
None
+458Approximately 1,186 feet downstream from Rock Spring Road
None
+477Approximately 477 feet downstream from the confluence with South Fork Rockfish River
None
+588Tye River
At the intersection of Tye Brook Highway
None
+604
Unincorporated Areas of Nelson County.Approximately 2,300 feet downstream from the confluence with Hat Creek
None
+641Approximately 1,200 feet upstream from the confluence with Unnamed Tributary No. 6 to Tye River
None
+734Approximately 1,941 feet downstream from Carter Hill Road
None
+821Approximately 2,100 feet upstream from State Route 682
None
+892Approximately at the confluence with North Fork Tye River
None
+1141* 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 Nelson County**Maps are available for inspection at 80 Front Street, Lovingston, VA 22949.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: May 8, 2009. Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-11514 Filed 5-15-09; 8:45 am] BILLING CODE 9110-12-P