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. 

24744 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 

* 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 Boligee 

Maps are available for inspection at 8 City Hall Circle, Boligee, AL 35443. 

Mesa County, Colorado, and Incorporated Areas 

Gold Star Canyon ................. Just above the confluence with Colorado River .......... None +4518 Unincorporated Areas of 

Mesa County, City of 

Grand Junction. 

Just upstream of South Broadway ............................... None +4805 

Kannah Creek ....................... Just above the confluence with Indian Creek .............. None +4766 Unincorporated Areas of 

Mesa County. 

Approximately 320 feet upstream of Upper Kannah 

Creek Road.

None +6093 

Kannah Creek Lower Split 

Flow.

Just above confluence with Kannah Creek .................. None +4806 Unincorporated Areas of 

Mesa County. 

Just below divergence from Kannah Creek ................. None +4826 

Kannah Creek Upper Split 

Flow.

Just above confluence with Kannah Creek .................. None +4894 Unincorporated Areas of 

Mesa County. 

Just below divergence from Kannah Creek ................. None +4935 

Red Canyon .......................... Just above confluence with Colorado River ................. None +4546 Unincorporated Areas of 

Mesa County, City of 

Grand Junction. 

Approximately 5,670 feet above South Camp Road ... None +5020 

* 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 Grand Junction 

Maps are available for inspection at 250 North 5th Street, Grand Junction, CO 81501. 

Unincorporated Areas of Mesa County 

Maps are available for inspection at 544 Rood Avenue, Grand Junction, CO 81502. 

Willow Creek ......................... At Confluence with Blue River ..................................... +8681 +8682 Town of Silverthorne, Unincorporated Areas of 

Summit County. 

Approximately 1,235 feet upstream of Ruby Road ...... +8873 +8874 

* 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 Silverthorne 

Maps are available for inspection at 601 Center Circle, Silverthorne, CO 80493. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24745 

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 

Unincorporated Areas of Summit County 

Maps are available for inspection at 208 East Lincoln, Breckenridge, CO 80424–0068. 

Cobb County, Georgia, and Incorporated Areas 

Chattahoochee River ............ Above Morgan Falls Dam ............................................. +851 +854 Unincorporated Areas of 

Cobb County. 

Approximately 1,000 feet downstream from confluence of Willeo Creek.+861 +862 

* 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 Cobb County 

Maps are available for inspection at 100 Cherokee Street, Marietta, GA 30090. 

Fulton County, Georgia, and Incorporated Areas 

Autry Mill Creek .................... Backwater from Chattahoochee River ......................... *891 *889 City of Johns Creek. 

Chattahoochee River ............ Upstream of Morgan Falls Dam ................................... *857 *854 Unincorporated Areas of

Fulton County, City of 

Johns Creek, City of 

Roswell, City of Sandy 

Springs. 

Just downstream of McGinnis Ferry Road ................... None *907 

Johns Creek .......................... At confluence with Chattahoochee River ..................... *891 *890 City of Johns Creek. 

* 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 Johns Creek 

Maps are available for inspection at 1200 Findley Road, Suite 400, Johns Creek, GA 30097. 

City of Roswell 

Maps are available for inspection at 38 Hill Street, Roswell, GA 30075. 

City of Sandy Springs 

Maps are available for inspection at 7840 Roswell Road, Sandy Springs, GA 30350. 

Unincorporated Areas of Fulton County 

Maps are available for inspection at 141 Pryor Street, Suite 10044, Atlanta, GA 30303. 

Chattahoochee River ............ Just upstream of McGinnis Ferry Road ....................... +911 +908 Unincorporated Areas of 

Forsyth County. 

Just downstream of Buford Dam .................................. +920 +921 

Dick Creek ............................ At confluence with Chattahoochee River ..................... +913 +909 Unincorporated Areas of 

Forsyth County. 

James Creek ......................... At confluence with Chattahoochee River ..................... +918 +916 Unincorporated Areas of 

Forsyth County. 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

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

24746 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 Forsyth County 

Maps are available for inspection at 110 East Main Street, Cumming, GA 30040. 

Gwinnett County, Georgia, and Incorporated Areas 

Brushy Creek ........................ At confluence with Chattahoochee River ..................... +909 +906 Unincorporated Areas of 

Gwinnett County. 

Chattahoochee River ............ Just above Holcomb Bridge Road ............................... +885 +884 City of Sugar Hill, City of 

Berkeley Lake, City of 

Duluth, City of Suwanee, 

Unincorporated Areas of 

Gwinnett County. 

Approximately 4,000 feet downstream from Buford 

Dam.

+919 +920 

Level Creek ........................... At confluence with Chattahoochee River ..................... +914 +911 Unincorporated Areas of 

Gwinnett County. 

Mill Creek (Stream 6) ............ At confluence with Chattahoochee River ..................... +898 +895 City of Berkeley Lake, Unincorporated Areas of 

Gwinnett County. 

Richland Creek ..................... At confluence with Chattahoochee River ..................... +918 +917 Unincorporated Areas of

Gwinnett County. 

Rogers Creek ........................ At confluence with Chattahoochee River ..................... +902 +899 City of Duluth, Unincorporated Areas of 

Gwinnett County. 

Stream 1 ............................... At confluence with Chattahoochee River ..................... +887 +886 Unincorporated Areas of 

Gwinnett County. 

Stream 10 ............................. At confluence with Chattahoochee River ..................... +907 +903 Unincorporated Areas of 

Gwinnett County. 

Stream 2 ............................... At confluence with Chattahoochee River. .................... +888 +887 Unincorporated Areas of 

Gwinnett County. 

Stream 3 ............................... At confluence with Chattahoochee River ..................... +891 +889 Unincorporated Areas of 

Gwinnett County. 

Stream 4 ............................... At confluence with Chattahoochee River ..................... +893 +891 Unincorporated Areas of 

Gwinnett County. 

Stream 5 ............................... At confluence with Chattahoochee River ..................... +897 +894 Unincorporated Areas of 

Gwinnett County. 

Stream 8 ............................... At confluence with Chattahoochee River ..................... +900 +897 City of Duluth, Unincorporated Areas of 

Gwinnett County. 

Suwanee Creek .................... At confluence with Chattahoochee River ..................... +908 +905 Unincorporated Areas of 

Gwinnett County. 

Swilling Creek ....................... At confluence with Chattahoochee River ..................... +899 +896 City of Duluth, Unincorporated Areas of 

Gwinnett 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 

City of Berkeley Lake 

Maps are available for inspection at 4040 South Berkeley Road, Northwest, Berkeley Lake, GA 30096. 

City of Duluth 

Maps are available for inspection at 3167 Main Street, 2nd Floor, Duluth, GA. 

City of Sugar Hill 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24747 

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 4988 West Broad Street, Sugar Hill, GA 30518. 

City of Suwanee 

Maps are available for inspection at 373 Highway 23, Suwanee, GA 30024. 

Unincorporated Areas of Gwinnett County 

Maps are available for inspection at 75 Langley Drive, Lawrenceville, GA 30045. 

Lafourche Parish, Louisiana, and Incorporated Areas 

Gulf of Mexico ....................... From the west at the Terrebonne Parish border along 

the shoreline of the Gulf of Mexico to the south. To 

the east border of Jefferson Parish and St. Charles 

Parish and to the northern border of St. James Parish and St. John the Baptist Parish.

+ 2–12 + 2–18 Unincorporated Areas of 

Lafourche Parish, City of 

Raceland, City of 

Thibodaux, Town of 

Golden Meadow, Town 

of Lockport. 

* 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 Raceland 

Maps are available for inspection at P.O. Box 5548, Thibodaux, LA 70302. 

City of Thibodaux 

Maps are available for inspection at P.O. Box 5418, Thibodaux, LA 70302. 

Town of Golden Meadow 

Maps are available for inspection at P.O. Box 307, Golden Meadow, LA 70357. 

Town of Lockport 

Maps are available for inspection at 710 Church Street, Lockport, LA 70374. 

Unincorporated Areas of Lafourche Parish 

Maps are available for inspection at 402 Green Street, Thibodaux, LA 70302. 

Rolette County, North Dakota, and Incorporated Areas 

Ox Creek ............................... 501 feet upstream of Belcourt Southern Corporate 

Limit.

None +1903 Chippewa Indian Reservation, Turtle Mountain 

Band. 

27 feet downstream of Belcourt Lake .......................... None +2015 

Ox Creek Breakout ............... 100 feet upstream of 99th Street NE ........................... None +1971 Chippewa Indian Reservation, Turtle Mountain 

Band. 

2,154 feet upstream of 99th Street NE ........................ None +1972 

* 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 

Chippewa Indian Reservation, Turtle Mountain Band 

Maps are available for inspection at Highway 5 West, Belcourt, ND 58316. 

Lucas County, Ohio, and Incorporated Areas 

Barnum Ditch ........................ Just above the confluence with Tifft Ditch ................... None +617 City of Toledo. 

Approximately 350 feet downstream of Willis Boulevard.None +626 

24748 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 

Blue Creek ............................ Approximately 1,100 feet upstream of Finzel Road ..... +641 +640 Village of Whitehouse, Unincorporated Areas of 

Lucas County. 

Downstream side of Fulton Lucas Road ...................... None +665 

Blystone Ditch ....................... Upstream side of Dutch Road ...................................... +645 +644 Village of Waterville, Unincorporated Areas of 

Lucas County. 

Downstream side of Bluebird Train Railroad ............... None +659 

Comstock Ditch ..................... Upstream side of Brint Road ........................................ None +675 Unincorporated Areas of 

Lucas County. 

Downstream side of Mitchaw Road ............................. None +679 

Crane Creek .......................... Approximately 0.6 mile downstream of Nissen Road .. None +579 Unincorporated Areas of 

Lucas County. 

Approximately 2,000 feet upstream of Ofper Lentz 

Road.

None +584 

Deline Ditch ........................... At the confluence with Heldman Ditch (East) .............. +601 +606 City of Toledo 

Downstream side of Hill Avenue .................................. +627 +629 

Deline Ditch Overflow ........... At the confluence with Deline Ditch ............................. None +614 City of Toledo. 

Just below the divergence from Deline Ditch .............. None +625 

Dennis Ditch .......................... At the confluence with Heldman Ditch (East) .............. +597 +604 City of Toledo. 

Approximately 875 feet upstream of South Avenue .... +624 +623 

Detwiler Ditch ........................ Upstream side of Summit Street .................................. None +578 City of Toledo.

Approximately 0.56 mile upstream of I–280 ................ None +578 

Disher Ditch .......................... Upstream side of Rupp Road ....................................... +641 +640 Village of Whitehouse, Unincorporated Areas of 

Lucas County. 

Downstream side of Berkey Southern Highway .......... None +657 

Disher Ditch Overflow ........... At the confluence with Blue Creek ............................... None +640 Village of Whitehouse. 

Downstream side of Heller Road ................................. None +653 

Duck Creek ........................... At mouth at Maumee Bay ............................................ None +578 City of Oregon, City of Toledo. 

Downstream side of Consaul Street ............................ None 578 

Eisenbraum Ditch .................. Approximately 175 feet downstream of Elsie Avenue +619 +618 City of Toledo. 

Downstream side of West Alexis Highway .................. +650 +651 

Good Ditch ............................ South of Angola Road near Holland Park Boulevard .. None +633 Village of Holland. 

South of Angola Road approximately 60 feet west of 

Holland Park Boulevard.

None +633 

Haefner Ditch ........................ At the confluence with Hill Ditch .................................. +597 +604 City of Toledo, Unincorporated Areas of Lucas 

County. 

Downstream side of I–475 ........................................... +637 +638 

Heldman Ditch (East) ............ Downstream side of Edgevale Road ............................ None +594 City of Toledo, Unincorporated Areas of Lucas 

County, Village of Ottawa Hills. 

Downstream side of West Bancroft Street ................... +666 +665 

Heldman Ditch (West) ........... At the confluence with Prairie Ditch ............................. +669 +668 Unincorporated Areas of 

Lucas County. 

Downstream side of North Crissey Road ..................... +669 +668 

Hill Ditch ................................ At the confluence with Heldman Ditch (East) .............. +597 +604 City of Toledo, Unincorporated Areas of Lucas 

County. 

Just below the confluence with Smith .......................... +640 +639 

Jamieson Ditch ..................... At the confluence with Silver Creek ............................. +592 +595 City of Toledo. 

Downstream side of Lewis Avenue .............................. +601 +600 

Ketcham Ditch ....................... Approximately 700 feet downstream of Jackman 

Road.

+607 +609 City of Toledo. 

Downstream side of Adella Street ................................ +618 +619 

Lone Oak Ditch ..................... Upstream side of Winslow Road .................................. None +644 Village of Whitehouse, Unincorporated Areas of 

Lucas County. 

Approximately 70 feet downstream of Berkey Southern Highway.None +657 

Maumee Bay ......................... West of the mouth of Driftmeyer Ditch ......................... +579 +578 City of Oregon, City of Toledo. 

At the northern boundary of Lucas County .................. +579 +578 

Maumee River ....................... At mouth at Maumee Bay ............................................ +579 +578 City of Toledo. 

Upstream side of Norfolk Southern Railroad ............... +579 +578 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24749 

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 

Mayer Ditch ........................... Downstream side of I–475 ........................................... None +636 Unincorporated Areas of 

Lucas County. 

Approximately 475 feet downstream of Dorr Street ..... None +639 

McPeak Ditch ........................ Approximately 100 feet above the confluence with 

Tenmile Creek.

+647 +646 City of Sylvania. 

Approximately 1,300 feet upstream of Winding Way ... +667 +668 

Mud Creek ............................ At the confluence with Detwiler Creek ......................... None +578 City of Toledo. 

Downstream side of Hoffman Road ............................. None +578 

North Branch Ketcham Ditch Downstream side of Douglas Road ............................. None +620 City of Toledo. 

Approximately 650 feet upstream of Secor Road ........ None +631 

Ottawa River ......................... Approximately 0.91 mile downstream of Summit 

Street.

+579 +578 City of Oregon, City of Toledo. 

Downstream side of CSX Transportation Railroad ...... +579 +578 

Otter Creek ........................... Downstream side of Corduroy Road ............................ None +578 City of Toledo. 

At mouth at Maumee Bay ............................................ +579 +578 

Upstream side of CSX Transportation Railroad ........... None +589 

Approximately 350 feet upstream of CSX Transportation Railroad.None +589 

Upstream side of CSX Transportation Railroad ........... None +590 

Approximately 475 feet downstream of Dover Place ... None +590 

Peterson Ditch ...................... Upstream side of Haughton Drive ................................ +613 +614 City of Toledo. 

Approximately 100 feet upstream of Goddard Road ... +614 +615 

Potter Ditch ........................... At the confluence with Heldman Ditch (East) .............. +634 +635 City of Toledo, Unincorporated Areas of Lucas 

County. 

Downstream side of Derbyshire Road ......................... +634 +635 

Schmitz Ditch ........................ At the confluence with Tenmile Creek ......................... None +694 Village of Berkey. 

Downstream side of Lathrop Road .............................. None +707 

Schneider Ditch ..................... Just above the confluence with Williams Ditch ............ +619 +621 City of Toledo. 

Downstream side of Hill Avenue .................................. +620 +621 

Shantee Creek ...................... At the confluence with Silver Creek ............................. +582 +583 City of Toledo, Unincorporated Areas of Lucas 

County. 

Approximately 225 feet upstream of Tremainsville 

Road.

+614 +612 

Approximately 1,100 feet downstream of Summit 

Street.

+579 +578 

Approximately 300 feet downstream of Hagman Road +579 +578 

Shantee Creek Overflow 

Channel 1.

Approximately 175 feet upstream of Lewis Avenue .... None +599 City of Toledo. 

Just below the divergence from Shantee Creek .......... None +611 

Shantee Creek Overflow 

Channel 2.

At the confluence with Shantee Creek ......................... None +599 City of Toledo. 

Approximately 100 feet downstream of Jackman 

Road.

None +609 

Sharp Ditch ........................... Upstream side of Brint Road ........................................ None +679 Unincorporated Areas of 

Lucas County. 

Approximately 1.0 mile upstream of Brint Road .......... None +683 

Silver Creek .......................... Upstream side of CN North America Railroad ............. +579 +578 Unincorporated Areas of 

Lucas County, City of 

Toledo. 

Approximately 100 feet upstream of Woodview Drive None +639 

Smith Ditch South ................. At the confluence with Hill Ditch .................................. +640 +639 Unincorporated Areas of 

Lucas County. 

Approximately 200 feet upstream of Wimbledon Park 

Boulevard.

+660 +661 

South Branch Silver Creek ... At the confluence with Silver Creek ............................. None +628 City of Toledo. 

Approximately 1,150 feet upstream of Rambo Lane ... None +633 

Tenmile Creek ....................... Upstream side of Herr Road ........................................ +669 +668 Village of Berkey, Unincorporated Areas of Lucas 

County. 

Downstream side of North Fulton Lucas Road ............ None +708 

Tifft Ditch ............................... Approximately 225 feet upstream of Tremainsville 

Road.

+614 +612 City of Toledo, Unincorporated Areas of Lucas 

County. 

Approximately 300 feet upstream of Talmadge Road +633 +634 

Vanderpool Ditch .................. Downstream side of McCord Road .............................. +642 +644 Unincorporated Areas of

Lucas County. 

24750 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 

Approximately 375 feet downstream of King Road ..... +657 +656 

Williams Ditch ....................... Upstream side of Norfolk Southern Railroad ............... +613 +614 City of Toledo. 

Approximately 175 feet downstream of Hill Avenue .... +619 +621 

Wing Ditch ............................. Just above confluence with Silver Creek ..................... None +633 City of Toledo. 

Approximately 75 feet downstream of Merle Street ..... None +637 

*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 Oregon 

Maps are available for inspection at 5330 Seaman Road, Oregon, OH 43616. 

City of Sylvania 

Maps are available for inspection at 6730 Monroe Street, Suite 101, Sylvania, OH 43560. 

City of Toledo 

Maps are available for inspection at One Government Center, Suite 1600, Toledo, OH 43604. 

Unincorporated Areas of Lucas County 

Maps are available for inspection at 1115 South McCord Road, Holland, OH 43528. 

Village of Berkey 

Maps are available for inspection at 12360 Sylvania-Metamora Road, Berkey, OH 45304. 

Village of Holland 

Maps are available for inspection at 1245 Clarion Avenue, Holland, OH 43528. 

Village of Ottawa Hills 

Maps are available for inspection at 2125 Richards Road, Toledo, OH 43606. 

Village of Waterville 

Maps are available for inspection at 25 North Second Street, Waterville, OH 43566. 

Village of Whitehouse 

Maps are available for inspection at 6925 Providence Street, Whitehouse, OH 43571. 

Ottawa County, Oklahoma, and Incorporated Areas 

Belmont Run ......................... Approximately 1,317 feet upstream of 30th Avenue .... None +803 City of Miami, Town of 

North Miami, Unincorporated Areas of Ottawa 

County. 

Approximately 1,288 feet upstream of Newman Road None +805 

Fairgrounds Branch .............. Approximately 700 feet upstream of E Street .............. None +774 Unincorporated Areas of 

Ottawa County. 

Approximately 0.58 miles upstream of E Street .......... None +774 

Neosho River ........................ Just upstream of E Street ............................................ None +775 Unincorporated Areas of 

Ottawa County. 

Approximately 0.93 miles upstream from State Highway 69.None +776 

Warren Branch ...................... Approximately 434 feet upstream of Main Street ........ None +869 Town of Peoria, Unincorporated Areas of Ottawa 

County. 

Approximately 1,826 feet upstream of Modoe Street .. None +885 

Wyandotte Ditch .................... Approximately 1,320 feet downstream of Main Street +756 +757 Town of Wyandotte. 

Approximately 904 feet upstream of South 650 Road +780 +789 

* 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. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 24751 

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 

City of Miami 

Maps are available for inspection at the Civic Center, 129 5th Street, Northwest, Miami, OK 74354. 

Town of North Miami 

Maps are available for inspection at the Ottawa County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK 74354. 

Town of Peoria 

Maps are available for inspection at the Ottawa County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK 74354. 

Town of Wyandotte 

Maps are available for inspection at City Hall, 14 North Main Street, Wyandotte, OK 74370. 

Unincorporated Areas of Ottawa County 

Maps are available for inspection at the Ottawa County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK 74354. 

Umatilla County, Oregon, and Incorporated Areas 

Iskuupla Creek ...................... At confluence with Umatilla River ................................ None +1690 Umatilla Indian Reservation. 

Approximately 1.0 mile upstream from Bingham Road None +1779 

Iskuupla Creek left bank split Approximately 3,000 feet west along Bingham Road 

from Iskuupla Creek.

None +1682 Umatilla Indian Reservation. 

At divergence from Iskuupla Creek .............................. None +1707 

Meacham Creek .................... At confluence with Umatilla River ................................ None +1762 Umatilla Indian Reservation. 

Just downstream of Meacham Creek Road Bridge 

and Railroad Bridge.

None +1819 

Umatilla River ........................ Just upstream of State Highway 11 Bridge ................. +1106 +1111 City of Pendleton, Umatilla 

Indian Reservation, Unincorporated Areas of 

Umatilla County. 

Approximately 700 feet downstream of confluence of 

Ryan Creek.

None +1908 

Walla-Walla River ................. At SE 17th Avenue ....................................................... None #1 City of Milton-Freewater, 

Unincorporated Areas of 

Umatilla County. 

At NE 15th Avenue ....................................................... None #1 

Wildhorse Creek ................... At Range line 32E/33E ................................................. None +1142 Unincorporated Areas of 

Umatilla County. 

At Township line 2N/3N ................................................ None +1154 

* 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 Milton-Freewater 

Maps are available for inspection at 722 South Main Street, Milton-Freewater, OR 97862. 

City of Pendleton 

Maps are available for inspection at 500 Southwest Dorion Avenue, Pendleton, OR 97801. 

Umatilla Indian Reservation 

Maps are available for inspection at 73239 Confederated Way, Pendleton, OR 97801. 

Unincorporated Areas of Umatilla County 

Maps are available for inspection at 216 Southeast 4th Street, Pendleton, OR 97801. 

Spartanburg County, South Carolina, and Incorporated Areas 

Jimmies Creek (North) .......... Approximately 125 feet downstream of Tucapau Road None +779 City of Wellford. 

Approximately 2,190 feet upstream of Tucapau Road None +789 

Little Buck Creek ................... Approximately 750 feet downstream of Richland 

Street.

None +809 City of Chesnee. 

Approximately 280 feet upstream of Cherokee Street None +841 

Little Buck Creek Tributary 1 Confluence with Little Buck Creek ............................... None +815 City of Chesnee. 

24752 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 

Approximately 1,100 feet upstream of the confluence 

with Little Buck Creek.

None +851 

Pacolet River Tributary 1 ...... Approximately 1,350 feet downstream of Church 

Street.

None +731 Town of Cowpens. 

Approximately 290 feet upstream of Church Street ..... None +765 

* 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 Chesnee 

Maps are available for inspection at 201 West Cherokee Street, Chesnee, SC 29323. 

City of Wellford 

Maps are available for inspection at 127 Syphrit Road, Wellford, SC 29385. 

Town of Cowpens 

Maps are available for inspection at 530 North Main Street, Cowpens, SC 29330. 

Sanborn County, South Dakota, and Incorporated Areas 

James River .......................... Approximately 2,133 feet downstream of 243rd Street None +1226 Unincorporated Areas of 

Sanborn County. 

Approximately 1,162 feet upstream of 221st Street .... None +1237 

* 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 Sanborn County 

Maps are available for inspection at 604 West 6th Street, Woonsocket, SD 57385. 

Val Verde County, Texas, and Incorporated Areas 

Calveras Creek ..................... Confluence with San Felipe Creek ............................... None +924 Unincorporated Areas of 

Val Verde County. 

Approximately 0.6 miles upstream of Gilberto Road ... None +1015 

Cantu Branch ........................ Just upstream of Dodson Avenue ................................ None +1035 Unincorporated Areas of 

Val Verde County. 

Approximately 1,222 feet upstream from Grace Drive None +1046 

San Felipe Creek .................. Just upstream of Gilchrist Lane ................................... None +911 Unincorporated Areas of 

Val Verde County. 

Just upstream of River Road ....................................... None +929 

* 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. 

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: