24738 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 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 

∧ 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 Brown County 

Maps are available for inspection at 25 Market Street, Aberdeen, SD 57401. 

Lake County, Tennessee, and Incorporated Areas 

Mississippi River ................... From the Dyer/Lake County boundary (River Mile 

845).

None +281 Unincorporated Areas of 

Lake County, Town of 

Tiptonville. 

Lake County/New Madrid County, Missouri/Fulton 

County, Kentucky boundaries (River Mile 907.3).

None +311 

* 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 

Town of Tiptonville 

Maps are available for inspection at the Town Hall, 130 South Court Street, Tiptonville, TN 38079. 

Unincorporated Areas of Lake County 

Maps are available for inspection at the County Courthouse, 229 Church Street, Tiptonville, TN 38079. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 13, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–12106 Filed 5–22–09; 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–1051] 

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 24, 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–1051, 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 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24739 

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: 

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 

Jefferson County, Alabama, and Incorporated Areas 

Dry Creek .............................. Approximately 630 feet upstream of Navajo Trail NE +720 +722 City of Center Point. 

Just upstream of Chalkville Mountain Road ................ None +958 

Griffin Brook .......................... Approximately 800 feet upstream of Lakeshore Drive +634 +631 City of Homewood. 

Approximately 90 feet upstream of Montgomery Highway.None +788 

Huckleberry Branch .............. Approximately 200 feet downstream of Tyler Road ..... +516 +514 City of Hoover, City of 

Vestavia Hills. 

Approximately 1,500 feet upstream of Mountain Oaks 

Drive.

+824 +814 

Little Shades Creek (Cahaba 

Basin).

Approximately 930 feet upstream of Loch Haven 

Drive.

+431 +432 City of Hoover, City of 

Mountain Brook, City of 

Vestavia Hills. 

Just upstream of Pipe Line Road ................................. +625 +626 

Little Shades Creek (Shades 

Creek).

Just downstream of Wenonah Oxmoor Road .............. +515 +514 City of Bessemer, City of 

Birmingham. 

Approximately 2.3 miles downstream of Alabama 

Highway 150.

+633 +632 

Patton Creek ......................... Approximately 0.6 miles downstream of Alabama 

Highway 150.

+424 +423 City of Hoover, City of 

Vestavia Hills. 

Approximately 310 feet downstream of West Ridge 

Drive.

+534 +533 

Pinchgut Creek ..................... Approximately 0.7 miles downstream of Watterson 

Parkway.

+690 +691 City of Birmingham, City of 

Trussville. 

Approximately 2.0 miles upstream of Gadsden Highway.+850 +846 

Turkey Creek ........................ Approximately 0.7 miles downstream of Old Bradford 

Road.

+566 +565 City of Center Point, City 

of Clay, City of Pinson. 

Approximately 950 feet upstream of Eagle Ridge 

Drive.

+880 +885 

Unnamed Creek 10 ............... Approximately 515 feet downstream of Main Street .... +605 +607 City of Center Point, City 

of Pinson. 

Approximately 90 feet downstream of Houston Road +671 +667 

Unnamed Creek 11 ............... Just upstream of Center Point Road ............................ +627 +626 City of Center Point, City 

of Pinson. 

Approximately, 1610 feet upstream of Green Crest 

Drive.

+690 +692 

24740 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 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 

Unnamed Creek 9 ................. Just downstream of Alabama Highway 151 ................. +591 +590 City of Center Point. 

Just downstream of Pinson Heights Road ................... +630 +631 

Valley Creek .......................... Approximately 0.5 miles downstream of Power Plant 

Road.

None +431 City of Bessemer. 

Approximately 0.5 miles upstream of Power Plant 

Road.

None +440 

* 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 Bessemer 

Maps are available for inspection at 1800 Third Avenue North, Bessemer, AL 35020. 

City of Birmingham 

Maps are available for inspection at 710 20th Street North, Birmingham, AL 35203. 

City of Center Point 

Maps are available for inspection at 2209 Center Point Parkway, Center Point, AL 35215. 

City of Clay 

Maps are available for inspection at 6757 Old Springville Road, Pinson, AL 35126. 

City of Homewood 

Maps are available for inspection at 1903 29th Avenue South, Birmingham, AL 35209. 

City of Hoover 

Maps are available for inspection at 100 Municipal Drive, Hoover, AL 35236. 

City of Mountain Brook 

Maps are available for inspection at 56 Church Street, Mountain Brook, AL 35213. 

City of Pinson 

Maps are available for inspection at 4410 Main Street, Pinson, AL 35126. 

City of Trussville 

Maps are available for inspection at 131 Main Street, Trussville, AL 35173. 

City of Vestavia Hills 

Maps are available for inspection at 513 Montgomery Highway, Vestavia Hills, AL 35085. 

La Plata County, Colorado, and Incorporated Areas 

Grimes Creek ........................ Approximately 0.5 miles downstream of County Road 

501.

+7674 +7674 Unincorporated Areas of 

La Plata County. 

Approximately 1,400 feet upstream of West Grimes 

Creek Road.

+7779 +7776 

Junction Creek ...................... Pleasant Drive in Durango ........................................... +6641 +6659 Unincorporated Areas of 

La Plata County. 

Approximately 0.2 miles upstream of National Forest 

Boundary.

+6994 +6996 

Los Pinos River ..................... Approximately 1.2 miles downstream of Highway 

160B.

+6829 +6826 Unincorporated Areas of 

La Plata County. 

Upstream Limit of Detailed Study at Vallecito Reservoir Dam.None +7533 

Los Pinos River ..................... Approximately 1,200 feet downstream of Highway 

160B.

+6865 +6863 Town of Bayfield. 

Downstream face of Highway 160 Bridge .................... +6891 +6895 

Middle Creek ......................... Approximately 0.6 miles downstream of County Road 

501.

+7674 +7674 Unincorporated Areas of 

La Plata County. 

West Grimes Creek Road ............................................ +7718 +7717 

Vallecito Creek ...................... Approximately 0.5 miles downstream of County Road 

501.

+7674 +7674 Unincorporated Areas of 

La Plata County. 

Vallecito Campground/National Forest Boundary ........ +7922 +7918 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24741 

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 

∧ 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 

Town of Bayfield 

Maps are available for inspection at P.O. Box 80, Bayfield, CO 81122. 

Unincorporated Areas of La Plata County 

Maps are available for inspection at 1060 East 2nd Avenue, Durango, CO 81301. 

Will County, Illinois, and Incorporated Areas 

Des Plaines River ................. Approximately 2,700 feet downstream of McKinley 

Woods Road (extended).

+511 +510 Village of Channahon, City 

of Joliet, Unincorporated 

Areas of Will County. 

Brandon Road Lock and Dam ...................................... +515 +512 

DuPage River ........................ At confluence with Des Plaines River .......................... +512 +511 Village of Channahon, Unincorporated Areas of 

Will County. 

Approximately 2,700 feet downstream of Bridge 

Street.

+512 +511 

Illinois & Michigan Canal 

(backwater from Des 

Plaines River).

The area surrounded in a clockwise direction by Hickory Creek, Des Plaines River, Interstate 80, and 

250 feet east of Joliet Street.

None #3 City of Joliet, Unincorporated Areas of Will 

County. 

Illinois & Michigan Canal 

(backwater from Des 

Plaines River).

The area surrounded in a clockwise direction by Interstate 80, Des Plaines River, approximately 900 feet 

north of Columbia Street, and Eastern Avenue.

None #1 City of Joliet. 

Jackson Creek ...................... At confluence of Jackson Creek and Jackson Branch 

Creek.

None +627 Village of Frankfort, Unincorporated Areas of Will 

County. 

104th Avenue ............................................................... None +752 

Rock Run South .................... At confluence with Des Plaines River .......................... +513 +512 City of Joliet. 

Approximately 2,325 feet downstream of U.S. Route 6 +513 +512 

* 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 Joliet 

Maps are available for inspection at City Hall, 150 West Jefferson Street, Joliet, IL 60432. 

Unincorporated Areas of Will County 

Maps are available for inspection at the Will County Land Use Department, 58 East Clinton Street, Joliet, IL 60432. 

Village of Channahon 

Maps are available for inspection at the Channahon Village Hall, 24555 South Navajo Drive, Channahon, IL 60410. 

Village of Frankfort 

Maps are available for inspection at the Frankfort Village Hall, 432 West Nebraska Street, Frankfort, IL 60423. 

Jones County, Mississippi, and Incorporated Areas 

Tallahala Creek ..................... Approximately 800 feet upstream of Luther Hill Road None +219 City of Laurel, Unincorporated Areas of Jones 

County. 

Approximately 1,000 feet upstream of U.S. Highway 

84.

None +228 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

24742 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 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 

∧ 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 Laurel 

Maps are available for inspection at the City Clerk’s Office, 401 North 5th Avenue, Laurel, MS 39440. 

Unincorporated Areas of Jones County 

Maps are available for inspection at the Jones County Courthouse, 415 North 5th Avenue, Laurel, MS 39440. 

Lincoln County, Mississippi, and Incorporated Areas 

Stream 2 ............................... Approximately 800 feet downstream of Williams 

Street.

None +444 Lincoln County. 

Stream 5 ............................... Approximately 850 feet downstream of railroad .......... None +464 Lincoln County. 

Stream 6 ............................... Approximately 1,100 feet downstream of North Jackson Street.None +465 Lincoln County. 

* 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 

Lincoln County 

Maps are available for inspection at 300 South 2nd Street, Brookhaven, MS 39601. 

Sequatchie County, Tennessee, and Incorporated Areas 

Big Brush Creek .................... At the confluence with Sequatchie River ..................... None +702 Sequatchie County. 

Just upstream of Union Road ...................................... None +784 

Little Brush Creek ................. Approximately 0.4 miles downstream of Old Union 

Road.

None +791 Sequatchie County. 

Approximately 588 feet upstream of Old Union Road None +825 

Sequatchie River ................... Just downstream of U.S. Highway 127 ........................ None +690 Sequatchie County. 

Approximately 651 feet upstream of the confluence 

with Big Brush Creek.

None +702 

* 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. 

ADDRESSESS 

Sequatchie County 

Maps are available for inspection at the County Courthouse, 307 Cherry Street East, Dunlap, TN 37327. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24743 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 14, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–12108 Filed 5–22–09; 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–1049] 

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 24, 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–1049, 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: 

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 

Greene County, Alabama, and Incorporated Areas 

Boligee Canal ........................ Approximately 1,372 feet downstream of County 

Road 81.

None +117 City of Boligee. 

Approximately 193 feet upstream of County Road 81 None +117 

Tombigbee River ................... Approximately 2.97 miles upstream of I–20 ................. None +117 City of Boligee.