23140 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

We published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register on February 12, 2009 (74 FR 

7022), entitled ‘‘Regulated Navigation 

Areas; Bars Along the Coasts of Oregon 

and Washington.’’ In it we stated that 

we did not plan to hold a public 

meeting, but that we welcomed requests 

explaining why one would be beneficial 

(74 FR 7023). We received several such 

requests and have already held two 

public meetings in Astoria and 

Newport, Oregon (74 FR 16814, Apr. 13, 

2009). Due to several requests for a 

meeting in southern Oregon we have 

concluded that a third public meeting 

would aid this rulemaking. Therefore, 

we are publishing this notice. 

In the NPRM, we proposed to 

establish Regulated Navigation Areas 

(RNA) covering specific bars along the 

coasts of Oregon and Washington that 

will include procedures for restricting 

and/or closing those bars as well as 

additional safety requirements for 

recreational and small commercial 

vessels operating in the RNAs. The 

RNAs are necessary to help ensure the 

safety of the persons and vessels 

operating in those hazardous bar areas. 

The RNAs will do so by establishing 

clear procedures for restricting and/or 

closing the bars and mandating 

additional safety requirements for 

recreational and small commercial 

vessels operating in the RNAs when 

certain conditions exist. On May 8, 2009 

(74 FR 21564), we published a notice 

reopening the public comment period to 

June 30, 2009. 

You may view the NPRM in our 

online docket, in addition to supporting 

documents prepared by the Coast 

Guard, including an ‘‘Environmental 

Analysis Checklist’’, RNA Fact Sheets 

for recreational, passenger, and 

commercial fishing vessels, and 

comments submitted thus far by going 

to http://www.regulations.gov. Once 

there, select the Advanced Docket 

Search option on the right side of the 

screen, insert USCG–2008–1017 in the 

Docket ID box, press Enter, and then 

click on the item in the Docket ID 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays; or the Thirteenth Coast Guard 

District, Prevention Division, 

Inspections and Investigations Branch 

in Room 3506 on the 35th floor of the 

Jackson Federal Building, 915 Second 

Avenue, Seattle, WA 98174, between 8 

a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. We 

have an agreement with the Department 

of Transportation to use the Docket 

Management Facility. 

We encourage you to participate in 

this rulemaking by submitting 

comments either orally at the meeting or 

in writing. If you bring written 

comments to the meeting, you may 

submit them to Coast Guard personnel 

specified at the meeting to receive 

written comments. These comments 

will be submitted to the online public 

docket. All comments received will be 

posted without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Comments submitted after the 

meeting must reach the Coast Guard on 

or before June 30, 2009. If you submit 

a comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Information on Service for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact LCDR Emily 

Saddler at the telephone number or email address indicated under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

Public Meeting 

The Coast Guard will hold a public 

meeting regarding its ‘‘Regulated 

Navigation Areas; Bars Along the Coasts 

of Oregon and Washington’’ proposed 

rule on Tuesday, June 2, 2009, from 6 

p.m. to 9 p.m., at The Red Lion Hotel, 

1313 N. Bayshore Drive, Coos Bay, OR 

97420, telephone 541–267–4141. 

We plan to have an official transcript 

of the meeting prepared and will make 

that transcript available through a link 

in the online docket. 

Dated: May 7, 2009. 

J.P. Currier, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. E9–11564 Filed 5–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1040] 

Proposed Flood Elevation 

Determinations 

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, 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 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 [Amended] 

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 affected 

Effective 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 +70 

Five Mile River ...................... At upstream side of Old Rock Lane ............................. +141 +139 City of Norwalk. 

Approximately 750 feet upstream of Old Rock Lane ... +142 +139 

Horse Tavern Brook .............. At upstream side of Park Avenue ................................ +129 +132 City of Bridgeport. 


cprice-sewell on PRODPC61 with PROPOSALS
23142 Federal Register / Vol. 74, No. 94 / Monday, May 18, 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 670 feet upstream of Park Avenue ...... +131 +132 

Approximately 1,580 feet upstream of Old Town Road None +239 

Approximately 1,820 feet upstream of Old Town Road None +240 

Horse 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 +239 

Housatonic River ................... Approximately 2,775 feet upstream of Merritt Parkway +13 +14 Town of Stratford. 

Approximately 3,650 feet upstream of Merritt Parkway +13 +14 

Housatonic River ................... At confluence of Halfway River .................................... None +108 Town of Newtown.

Approximately 15,800 feet upstream of confluence of 

Halfway River.

None +108 

Laurel 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 +274 

Mianus River ......................... At upstream side of Valley Road ................................. +72 +73 Town of Greenwich.

Approximately 270 feet upstream of Valley Road ....... +72 +73 

Noroton 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 +117 

Norwalk 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 +373 

Rippowam 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 +243 

Rooster River ........................ At upstream side of Railroad ........................................ +16 +15 Town of Fairfield. 

At downstream side of Brooklawn Avenue .................. +20 +19 

Terehaute Brook ................... Entire reach within City of Danbury ............................. None +367 City of Danbury. 

Entire reach within City of Danbury ............................. None +373 

Tributary 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 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 23143 

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 

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 +571 

Dale 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 +663 

Lake 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 +577 

Lake 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 +119 

Bunch Creek ......................... Intersection of Martin Tram Road and Bunchy Creek None +37 Unincorporated Areas of 

Allen Parish. 


cprice-sewell on PRODPC61 with PROPOSALS
23144 Federal Register / Vol. 74, No. 94 / Monday, May 18, 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 3,097 feet upstream of Route 190 ....... None +38 

Calcasieu River ..................... Approximately 341 feet upstream of unnamed creek .. None +106 City of Oakdale. 

Intersection of unnamed creek and Union Pacific Railroad.None +107 

Gilley 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 +36 

Whisky 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 +70 

Bayou 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 +70 

Flooding 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 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 23145 

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 

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 +21 

WABPL 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 +17 

WABPL 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. 


cprice-sewell on PRODPC61 with PROPOSALS
23146 Federal Register / Vol. 74, No. 94 / Monday, May 18, 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 

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 +862 

East 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 +802 

Hat 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 +790 

Muddy 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 +689 

Rockfish 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 +458 

Approximately 1,186 feet downstream from Rock 

Spring Road.

None +477 

Approximately 477 feet downstream from the confluence with South Fork Rockfish River.None +588 

Tye 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 +641 

Approximately 1,200 feet upstream from the confluence with Unnamed Tributary No. 6 to Tye River.None +734 

Approximately 1,941 feet downstream from Carter Hill 

Road.

None +821 

Approximately 2,100 feet upstream from State Route 

682.

None +892 

Approximately 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.’’) 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 23147 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071220873–7862–01] 

RIN 0648–AS25 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Tilefish; 

Amendment 1 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 1 to the Tilefish 

Fishery Management Plan (FMP). The 

proposed measures are intended to 

address issues and problems that have 

been identified since the FMP was first 

implemented. These measures are 

intended to achieve the management 

objectives of the FMP, and include 

measures to implement an Individual 

Fishing Quota (IFQ) program. 

DATES: Comments must be received no 

later than 5 p.m., eastern standard time, 

on July 2, 2009. 

ADDRESSES: You may submit comments, 

identified by 0648–AS25, by any one of 

the following methods: 

• Mail: Regional Administrator, 

Northeast Region, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930– 

2298. Mark on the outside of the 

envelope, ‘‘Comments on Tilefish 

Amendment 1 Proposed Rule.’’ 

• Fax: (978) 281–9135. 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments (enter N/ 

A in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Written comments regarding the 

burden-hour estimate or other aspects of 

the collection-of-information 

requirement contained in this proposed 

rule should be submitted to the Regional 

Administrator at the address above and 

by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

Copies of supporting documents, 

including the Regulatory Impact Review 

(RIR) and Initial Regulatory Flexibility 

Analysis (IRFA) are available from 

Daniel Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council, Room 2115, Federal Building, 

300 South New Street, Dover, DE 

19904–6790. A copy of the RIR/IRFA is 

accessible via the Internet at http:// 

www.nero.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Timothy A. Cardiasmenos, Fishery 

Policy Analyst, 978–281–9204. 

SUPPLEMENTARY INFORMATION: 

Background 

In March 2004, the Mid-Atlantic 

Fishery Management Council (Council) 

began development of Amendment 1 to 

the FMP to evaluate alternatives for a 

limited access privilege program (LAPP) 

and other measures for limited access 

tilefish vessels. The Council held 17 

public meetings on Amendment 1 

between March 2004 and April 2008. 

After considering a wide range of issues, 

alternatives, and public input, the 

Council submitted a draft 

environmental impact statement (DEIS) 

for Amendment 1 to NMFS. The Notice 

of Availability (NOA) for the DEIS 

published in the Federal Register on 

December 28, 2007 (72 FR 73798). 

Following the public comment period 

that ended February 11, 2008, the 

Council adopted Amendment 1 on April 

10, 2008. Amendment 1 was developed 

and adopted by the Council consistent 

with the requirements of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) and other applicable law. 

Amendment 1 management measures 

were developed by the Council to: (1) 

Implement an IFQ program; (2) establish 

IFQ transferability of ownership; (3) 

establish a cap on the acquisition of IFQ 

allocation (temporary and permanent); 

(4) address fees and cost-recovery; (5) 

establish flexibility to revise/adjust the 

IFQ program; (6) establish IFQ reporting 

requirements; (7) modify the Interactive 

Voice Response (IVR) reporting 

requirements; (8) implement 

recreational permits and reporting 

requirements; (9) improve monitoring of 

tilefish commercial landings; (10) 

expand the list of management measures 

that can be adjusted via the framework 

adjustment process; (11) modify the 

Essential Fish Habitat (EFH) 

designation; (12) modify the habitat 

areas of particular concern (HAPC) 

designation; and (13) implement 

measures to reduce gear impacts on EFH 

within the Exclusive Economic Zone 

(EEZ). The proposed IFQ program 

measures are intended to reduce 

overcapacity in the commercial fishery, 

and to eliminate, to the extent possible, 

problems associated with a derby-style 

fishery. Amendment 1 also proposes to 

create a tilefish Charter/Party permit, 

which would require reporting from 

owners or operators of vessels that take 

fishermen for hire. When the original 

FMP was implemented in 2001, the 

recreational component of the fishery 

was believed to be small. However, 

anecdotal evidence suggests, that in 

recent years, the recreational component 

of the fishery may have grown. The 

tilefish open access Charter/Party 

permit would provide NMFS with the 

ability to collect landings information 

on this component of the fishery in 

order to properly assess the health of the 

stock. 

Proposed Measures 

The measures proposed in this rule 

are based on the description of the 

measures in Amendment 1. NMFS has 

noted instances where it has interpreted 

the language in Amendment 1 to 

account for any missing details in the 

Council’s description of the proposed 

measures. NMFS seeks comments on all 

of the measures in this proposed rule, 

particularly those that, where noted, 

involve an interpretation of Council 

intent. 

Institution of an IFQ Program in the 

Tilefish Fishery 

Amendment 1 proposes that a 

qualified vessel owner must obtain a 

valid tilefish IFQ Allocation permit to 

possess or land tilefish in excess of an 

incidental catch limit of tilefish (see 

below). In addition, any vessel owner 

would be required to possess, and carry 

on board, a valid tilefish vessel permit 

to fish for, possess, or land tilefish in or 

from the Tilefish Management Unit. An 

incidental catch of 300 lb (136 kg) of 

tilefish, per trip, could be landed by any 

vessel issued a tilefish vessel permit, 

other than a Charter/Party vessel permit, 

not fishing under a tilefish IFQ 


cprice-sewell on PRODPC61 with PROPOSALS