Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 23117 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain federal assistance 

no longer available in SFHAs 

Jonesburg, City of, Montgomery County ...... 290310 December 31, 2007, Emerg; NA, Reg; May 

18, 2009, Susp.

......do ............... Do. 

Lake Ozark, City of, Miller County ............... 290698 April 15, 2005, Emerg; August 1, 2005, 

Reg; May 18, 2009, Susp.

......do ............... Do. 

Miller County, Unincorporated Areas ........... 290226 NA, Emerg; October 19, 1998, Reg; May 

18, 2009, Susp.

......do ............... Do. 

Montgomery County, Unincorporated Areas 290242 October 29, 1986, Emerg; March 1, 1987, 

Reg; May 18, 2009, Susp.

......do ............... Do. 

Rhineland, Town of, Montgomery County .... 290243 October 24, 1986, Emerg; October 24, 

1986, Reg; May 18, 2009, Susp.

......do ............... Do. 

Tuscumbia, Village of, Miller County ............ 290228 December 2, 1986, Emerg; March 1, 1987, 

Reg; May 18, 2009, Susp.

......do ............... Do. 

Region IX 

California: San Jose, City of, Santa Clara 

County.

060349 January 23, 1976, Emerg; August 2, 1982, 

Reg; May 18, 2009, Susp.

......do ............... Do. 

* do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: May 7, 2009. 

Deborah Ingram, 

Acting Deputy Assistant Administrator, 

Mitigation Directorate, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. E9–11516 Filed 5–15–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

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

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator of the Mitigation 

Directorate has resolved any appeals 

resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

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

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 


cprice-sewell on PRODPC61 with RULES
23118 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Transylvania County, North Carolina and Incorporated Areas Docket Nos.: FEMA–D–7826, FEMA–B–7792, FEMA–B–1003 

Allison Creek ............................. Approximately 450 feet upstream of the confluence with 

Lamb Creek.

+ 2,116 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 1,100 feet upstream of Camp Straus Road. + 2,187 

Boylston Creek ......................... Approximately 1,500 feet downstream of the Henderson/ 

Transylvania County boundary.

+ 2,173 Unincorporated Areas of 

Transylvania County. 

Approximately 50 feet upstream of King Road (State 

Road 1502).

+2,228 

Carson Creek ............................ At the confluence with French Broad River ........................ + 2,137 Unincorporated Areas of 

Transylvania County. 

Approximately 0.6 mile upstream of Island Ford Road 

(State Road 1103).

+ 2,471 

Catheys Creek .......................... Approximately 10 feet upstream of U.S. Highway 64 ......... + 2,187 Unincorporated Areas of

Transylvania County, City 

of Brevard. 

Approximately 1.1 miles upstream of U.S. Highway 64 ..... + 2,253 

Davidson River ......................... Approximately 100 feet upstream of Old Henderson Highway.+ 2,104 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 50 feet upstream of U.S. 64 Highway ......... + 2,128 

Davidson River (original channel).The confluence with Davidson River .................................. + 2,117 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 1,000 feet upstream from the confluence of 

Turkey Creek.

+ 2,127 

Davidson River Tributary 1 ....... At the confluence with Davidson River ............................... + 2,109 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 1,440 feet upstream of Ecusta Road .......... + 2,144 

Flat Creek ................................. Approximately 100 feet upstream of the confluence with 

West French Broad River.

+ 2,298 Unincorporated Areas of 

Transylvania County. 

The confluence of North and South Flat Creek .................. + 2,533 

Frozen Creek ............................ At the confluence with West Fork French Broad River ...... + 2,233 Unincorporated Areas of

Transylvania County. 

Approximately 500 feet upstream of Frozen Creek Road 

(State Road 1143).

+ 2,361 

Graham Creek .......................... Approximately 600 feet upstream of Keystone Camp 

Road.

+ 2,167 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 100 feet downstream of East Southwood 

Drive.

+ 2,172 

Horsepasture River ................... Approximately 200 feet downstream of the Jackson/Transylvania County boundary.+ 2,968 Unincorporated Areas of 

Transylvania County. 

At the Jackson/Transylvania County boundary .................. + 2,989 

Hunts Branch ............................ At the confluence with Norton Creek .................................. + 2,180 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 640 feet upstream of Probart Street (State 

Road 1348).

+ 2,218 

Indian Creek ............................. The confluence with Toxaway River ................................... + 2,186 Unincorporated Areas of 

Transylvania County. 

Approximately 0.6 mile upstream of NC Highway 281 ....... + 3,041 

Jumping Branch ........................ Approximately 10 feet upstream of Turnpike Road ............ + 2,141 City of Brevard. 

Approximately 30 feet downstream of Miner Street ........... + 2,163 

King Creek ................................ Approximately 0.6 mile upstream of the confluence with 

French Broad River.

+ 2,105 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 0.4 mile upstream of Millbrook Drive .......... + 2,290 

Lime Kiln Creek ........................ Approximately 0.6 mile upstream of the confluence with 

French Broad River.

+ 2,150 Unincorporated Areas of 

Transylvania County. 

Approximately 750 feet upstream of Ross Road (State 

Road 1334).

+ 2,213 

Little River ................................. Approximately 1.3 miles upstream of Cascade Lake Road 

(State Road 1536).

+ 2,142 Unincorporated Areas of 

Transylvania County. 

Approximately 300 feet upstream of Casey Lane .............. + 2,745 


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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 23119 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Long Branch ............................. The confluence with King Creek ......................................... + 2,144 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 280 feet upstream of the confluence with 

King Creek.

+ 2,144 

Lyday Creek .............................. Approximately 0.7 mile upstream of the confluence with 

French Broad River.

+ 2,097 Unincorporated Areas of 

Transylvania County. 

Approximately 0.7 mile upstream of the confluence of 

Blythe Branch.

+ 2,152 

Mason Creek ............................ Approximately 50 feet upstream of Whitmire Road (State 

Road 1128).

+ 2,159 Unincorporated Areas of 

Transylvania County. 

Approximately 0.4 mile upstream of Cherryfield Loop 

(State Road 1392).

+ 2,227 

Morton Creek ............................ At the confluence with South Fork Flat Creek .................... + 2,674 Unincorporated Areas of 

Transylvania County. 

Approximately 1,820 feet upstream of U.S. 64 Highway .... + 2,700 

North Fork Flat Creek ............... At the confluence with Flat Creek and South Fork Flat 

Creek.

+ 2,533 Unincorporated Areas of 

Transylvania County. 

Approximately 1,300 feet upstream of Golden Road (State 

Road 1313).

+ 2,998 

Norton Creek ............................ At the confluence with Nicholson Creek ............................. + 2,128 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 475 feet upstream of Probart Street (State 

Road 1348).

+ 2,218 

Osborne Branch ........................ The confluence with Boylston Creek .................................. + 2,223 Unincorporated Areas of 

Transylvania County. 

Approximately 0.7 mile upstream of the confluence with 

Boylston Creek.

+ 2,422 

Pole Bridge Branch ................... The confluence with Little River .......................................... + 2,698 Unincorporated Areas of 

Transylvania County. 

Approximately 900 feet upstream of the confluence with 

Little River.

+ 2,739 

South Fork Flat Creek .............. At the confluence with Flat Creek and North Fork Flat 

Creek.

+ 2,533 Unincorporated Areas of 

Transylvania County. 

Approximately 0.5 mile upstream of Flat Creek Valley 

Road (State Road 1147).

+ 2,792 

South Prong Turkey Creek ....... At the confluence with Turkey Creek .................................. + 2,252 Unincorporated Areas of 

Transylvania County. 

Approximately 360 feet upstream of the confluence with 

Turkey Creek.

+ 2,269 

Sutton Creek ............................. The confluence with Boylston Creek .................................. + 2,228 Unincorporated Areas of 

Transylvania County. 

Approximately 0.8 mile upstream of Lakeland Drive .......... + 2,497 

Toxaway River .......................... Approximately 5.9 miles upstream of North Carolina/South 

Carolina boundary.

+ 2,164 Unincorporated Areas of 

Transylvania County. 

Approximately 1.0 mile upstream of Cardinal Drive West .. + 3,390 

Toxaway River Tributary 5 ....... The confluence with Toxaway River ................................... + 2,654 Unincorporated Areas of 

Transylvania County. 

Approximately 0.4 mile upstream of the confluence with 

Toxaway River.

+ 3,021 

Toxaway River Tributary 6 ....... The confluence with Toxaway River ................................... + 2,643 Unincorporated Areas of 

Transylvania County. 

Approximately 0.5 mile upstream of the confluence with 

Toxaway River.

+ 2,804 

Turkey Creek ............................ At the confluence with Davidson River (original channel) .. + 2,124 Unincorporated Areas of 

Transylvania County, City 

of Brevard. 

Approximately 120 feet upstream of the confluence with 

South Prong Turkey Creek.

+ 2,256 

West Fork French Broad River Approximately 1,600 feet upstream of U.S. Highway 64 .... + 2,247 Unincorporated Areas of 

Transylvania County. 

Approximately 200 feet upstream of the confluence of Flat 

Creek.

+ 2,307 

Whitewater River ...................... At the North Carolina/South Carolina boundary ................. + 1,961 Unincorporated Areas of 

Transylvania County. 

At the Transylvania/Jackson County boundary .................. + 3,163 


cprice-sewell on PRODPC61 with RULES
23120 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Williamson Creek ...................... Approximately 1,000 feet upstream of Wilson Road (State 

Road 1540).

+2,105 Unincorporated Areas of 

Transylvania County. 

Approximately 1,000 feet upstream of the confluence of 

Camp Creek.

+ 2,116 

Wilson Mill Creek ...................... Approximately 1,900 feet upstream of the confluence with 

Catheys Creek.

+ 2,148 Unincorporated Areas of 

Transylvania County. 

Approximately 1,900 feet upstream of Forest Road ........... + 2,398 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Brevard 

Maps are available for inspection at the City of Brevard Planning Department, 95 West Main Street, Brevard, NC. 

Unincorporated Areas of Transylvania County 

Maps are available for inspection at the Transylvania County Inspections Department, 98 East Morgan Street, Brevard, NC. 

Walworth County, Wisconsin, and Incorporated Areas FEMA Docket No.: B–7755 

Eagle Spring Lake .................... All flooding affecting County ............................................... + 822 Unincorporated Areas of 

Walworth County. 

Mukwonago River ..................... Approximately 1,700 feet North of the intersection of 

Marsh Road and County Highway J.

+ 799 Unincorporated Areas of 

Walworth County. 

Approximately 1.2 miles Northeast of the intersection of 

County Highway J and County Highway E.

+ 806 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Unincorporated Areas of Walworth County 

Maps are available for inspection at the Office of Emergency Management, 1770 County Road NN, Elkhorn, WI 53121. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 11, 2009. 

Deborah S. Ingram, 

Deputy Acting Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–11513 Filed 5–15–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 904, 952 and 970 

RIN 1991–AB71 

Acquisition Regulation: Security 

Clause 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

to revise the security clause used in all 

contracts and subcontracts involving 

access authorizations to specifically 

require background reviews, and tests 

for the absence of any illegal drug, as 

defined in DOE regulations of uncleared 

personnel (employment applicants and 

current employees), who will require 

access authorizations. Background 

reviews would not be required for 

applicants for DOE access authorization 

who possess a current access 

authorization from another Federal 

agency. 

DATES: Effective Date: June 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard Langston at 202–287–1339 or 

Richard.Langston@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Comments and Responses 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

Many DOE contractor and 

subcontractor employees require access 

authorizations for access to classified 

information (restricted data, formerly 

restricted data, or national security 

information) or certain quantities of 

special nuclear material in order to 

perform official duties. On February 19, 

2008, DOE published a notice of 

proposed rulemaking to revise the 

Department of Energy Acquistion 

(DEAR) regulations to require the 

security clause used in certain contracts 

and subcontracts to specifically require 

contractors and subcontractors to 

conduct background checks and tests for 

illegal drugs of uncleared applicants 

and employees who will require DOE 

access authorizations (73 FR 9071). 

Under the proposed rule, the 

background check included the 


cprice-sewell on PRODPC61 with RULES