Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24753 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧ Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

ADDRESSES 

Unincorporated Areas of Val Verde County 

Maps are available for inspection at the Del Rio City Hall, 109 West Broadway Street, Del Rio, TX 78840. 

(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. E9–12101 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–1047] 

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–1047, 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: 

24754 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 

Harvey County, Kansas, and Incorporated Areas 

Sand Creek ........................... Approximately 865 feet upstream of Northeast 24th 

Street.

+1436 +1434 City of North Newton. 

Approximately 1,590 feet upstream of Northeast 24th 

Street.

+1437 +1435 

* 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 North Newton 

Maps are available for inspection at 2601 North Main Street, North Newton, KS 67117. 

Dukes County, Massachusetts, and Incorporated Areas 

Atlantic Ocean ....................... Along the shoreline of the Atlantic Ocean between 

Gilberts Cove and Quenames Cove.

+7 +11 Town of Chilmark. 

Atlantic Ocean ....................... Along the shoreline of the Atlantic Ocean between 

Paqua Pond and Jobs Neck Pond.

None +9 Town of Edgartown. 

Atlantic Ocean ....................... Along the shoreline of the Atlantic Ocean between 

Long Cove and Homer Road.

None +9 Town of West Tisbury. 

Vineyard Sound .................... Along the shoreline of Vineyard Sound approximately 

300 feet East of the intersection of Lobsterville 

Road and West Basin Road.

+8 +9 Town of Aquinnah. 

Vineyard Sound .................... Along the shoreline of Vineyard Sound between Farm 

Pond and Hamlin Pond.

None +12 Town of Oak Bluffs. 

Vineyard Sound .................... Along the shoreline of Vineyard Sound between 

Algonquin Avenue to Yacht Club Lane.

None +12 Town of Tisbury. 

* 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 Aquinnah 

Maps are available for inspection at the Town Hall, 65 State Road, Aquinnah, MA 02535. 

Town of Chilmark 

Maps are available for inspection at the Town Hall, 401 Middle Road, Chilmark, MA 02535. 

Town of Edgartown 

Maps are available for inspection at the Town Hall, 70 Main Street, Edgartown, MA 02539. 

Town of Oak Bluffs 

Maps are available for inspection at the Town Hall, 56 School Street, Oak Bluffs, MA 02557. 

Town of Tisbury 

Maps are available for inspection at the Town Hall, 51 Spring Street, Vineyard Haven, MA 02568. 

Town of West Tisbury 

Maps are available for inspection at the Town Hall, 1059 State Road, West Tisbury, MA 02575. 

Kennebec County, Maine, and Incorporated Areas 

China Lake ............................ Along the entire shoreline ............................................ None +199 Town of Albion. 

China Lake ............................ Along the entire shoreline ............................................ None +199 Town of Vassalboro. 

Kezar Brook .......................... At the mouth of Cobboseecontee Lake ....................... None +169 Town of Winthrop. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24755 

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 

Just downstream of South Road .................................. None +169 

* 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 Albion 

Maps are available for inspection at the Town Office, 22 Main Street, Albion, ME 04910. 

Town of Vassalboro 

Maps are available for inspection at the Town Hall, 682 Main Street, North Vassalboro, ME 04989. 

Town of Winthrop 

Maps are available for inspection at the Town Hall, 17 Highland Avenue, Winthrop, ME 04364. 

Pike County, Mississippi, and Incorporated Areas 

Tangipahoa River .................. Approximately 0.68 miles downstream of Highway 

575.

None +233 Town of Osyka. 

Approximately 1,100 feet downstream of Highway 575 None +236 

* 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 Osyka 

Maps are available for inspection at 215 West Liberty Street, Osyka, MS 39648. 

Muskingum County, Ohio, and Incorporated Areas 

Moxahala Creek .................... Approximately 1,300 feet downstream of Ransbottom 

Road.

None +734 Unincorporated Areas of 

Muskingum County. 

Approximately 500 feet downstream of East 1st Street None +735 

Muskingum River .................. Approximately 0.4 mile downstream of E Muskingum 

Avenue (State Route 208).

+714 +718 Village of Dresden. 

At confluence with Wakatomika Creek ........................ +716 +720 

Muskingum River .................. Approximately 0.6 mile downstream of confluence 

with Salt Creek.

None +683 Village of Philo. 

Approximately 0.5 mile upstream of confluence with 

Salt Creek.

None +685 

Wakatomika Creek ................ Approximately 0.5 mile downstream of Main Street .... +719 +720 Unincorporated Areas of 

Muskingum County. 

Approximately 1,400 feet downstream of Frazeysburg 

Road.

+719 +725 

Wakatomika Creek ................ Approximately 0.6 mile downstream of Shannon Road None +745 Unincorporated Areas of 

Muskingum County, Village of Frazeysburg. 

Just downstream of Canal Road .................................. None +751 

Wakatomika Creek ................ Approximately 0.5 mile downstream of Main Street .... None +720 Village of Dresden. 

Approximately 0.4 mile downstream of Frazeysburg 

Road.

None +725 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

24756 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 

** 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 Muskingum County 

Maps are available for inspection at 401 Main Street, Zanesville, OH 43701. 

Village of Dresden 

Maps are available for inspection at 904 Chestnut Street, Dresden, OH 43821. 

Village of Frazeysburg 

Maps are available for inspection at 7 West Second Street, Frazeysburg, OH 43822. 

Village of Philo 

Maps are available for inspection at 300 Main Street, Philo, OH 43771. 

Macon County, Tennessee, and Incorporated Areas 

Salt Lick Creek ...................... Approximately 1,965 feet upstream of State Highway 

151.

None +778 Unincorporated Areas of 

Macon County. 

Approximately 1,624 feet upstream of State Highway 

151.

None +778 

* 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 Macon County 

Maps are available for inspection at 201 County Courthouse, Lafayette, TN 37083. 

Ector County, Texas, and Incorporated Areas 

Flooding Effects of Eastside 

Channel and its Split Flow.

Just downstream of the Pacific Union Railroad ........... None +2887 Unincorporated Areas of 

Ector County, City of 

Odessa. 

Just downstream of Pueblo Avenue ............................ None +2906 

Approximately 200 feet upstream of the intersection 

of Custer Avenue and Eastside Channel.

None +2912 

Flooding Effects of 

Monahans Draw.

Just upstream of Grandview Road ............................... None +2842 Unincorporated Areas of 

Ector County. 

Just upstream of South Crane Avenue ........................ None +2878 

Just upstream of West County Road ........................... None +2884 

Just upstream of Westcliff Drive .................................. None +3009 

Just upstream of State Highway 866 ........................... None +3043 

Flooding effects of Far East 

Channel and its subsidiary 

channels.

At the confluence of East Side Channel ...................... None +2857 Unincorporated Areas of 

Ector County, City of 

Odessa. 

Approximately 450 feet upstream of the intersection 

of Caliche Road.

None +2899 

Just upstream of Maple Avenue .................................. None +2907 

Flooding effects of West Side 

Drainage Channel.

At the confluence of Monahans Draw .......................... None +2896 City of Odessa. 

Just upstream of West 16th Street .............................. None +2909 

* 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. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24757 

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 

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 Odessa 

Maps are available for inspection at 411 West 8th Street, Odessa, TX 79761. 

Unincorporated Areas of Ector County 

Maps are available for inspection at 521 North Texas Street, Odessa, TX 79761. 

(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. E9–12105 Filed 5–22–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

RIN 0648–AX71 

Fisheries of the United States 

Exclusive Economic Zone Off Alaska; 

Fisheries of the Arctic Management 

Area; Bering Sea Subarea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Availability of a fishery 

management plan and fishery 

management plan amendment; request 

for comments. 

SUMMARY: The North Pacific Fishery 

Management Council has submitted the 

Fishery Management Plan for Fish 

Resources of the Arctic Management 

Area (Arctic FMP) and Amendment 29 

to the FMP for Bering Sea/Aleutian 

Islands King and Tanner Crabs (Crab 

FMP). The Arctic FMP and Amendment 

29 to the Crab FMP, if approved, would 

establish sustainable management of 

commercial fishing in the Arctic 

Management Area and limit the 

management area of crab species under 

the Crab FMP to waters of the U.S. 

Exclusive Economic Zone (EEZ) south 

of Bering Strait. This action is necessary 

to establish a management framework 

for commercial fishing of nearly all fish 

species occurring in the Arctic 

Management Area before the potential 

onset of unregulated commercial fishing 

in the Arctic Management Area. This 

action is intended to promote the goals 

and objectives of the Magnuson–Stevens 

Fishery Conservation and Management 

Act, the FMPs, and other applicable 

laws. Comments from the public are 

encouraged. 

DATES: Written comments on the Arctic 

FMP and Crab FMP amendment must be 

received by 1700 hours, A.D.T. on July 

27, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified for this action by 

0648–AX71 (NOA), by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

• Fax: 907–586–7557. 

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 (e.g., name, address) 

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 

portable document file (pdf) formats 

only. 

Copies of the Arctic FMP, 

Amendment 29 to the Crab FMP, maps 

of the action area and essential fish 

habitat, and the Environmental 

Assessment/Regulatory Impact Review/ 

Initial Regulatory Flexibility Analysis 

(EA/RIR/IRFA) for this action may be 

obtained from the Alaska Region 

address above or from the Alaska Region 

website at http:// 

www.alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Brown, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The 

Magnuson–Stevens Fishery 

Conservation and Management Act 

(Magnuson–Stevens Act) requires that 

the North Pacific Fishery Management 

Council (Council) submit any FMP or 

FMP amendment it prepares to NMFS 

for review and approval, disapproval, or 

partial approval by the Secretary of 

Commerce (Secretary). The Magnuson– 

Stevens Act also requires that NMFS, 

upon receiving an FMP or FMP 

amendment, immediately publish a 

notice in the Federal Register that the 

FMP or FMP amendment is available for 

public review and comment. 

If approved by the Secretary, the 

Arctic FMP and Amendment 29 to the 

Crab FMP would establish sustainable 

management of commercial fishing in 

the Arctic Management Area and 

remove management authority within 

the Arctic Management Area from the 

Crab FMP. The Arctic FMP would 

establish a management framework to 

sustainably manage future commercial 

fishing in the Arctic Management Area 

and would initially prohibit commercial 

fishing until new information regarding 

Arctic fish resources allows for 

authorization of a sustainable 

commercial fishery in the Arctic 

Management Area. Amendment 29 to 

the Crab FMP would ensure consistent 

management of all crab species in the 

Arctic Management Area under one 

FMP.