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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1051]
 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 
                    ( print page 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
  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 affectedEffective
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
+958Griffin Brook
Approximately 800 feet upstream of Lakeshore Drive
+634
+631
City of Homewood.Approximately 90 feet upstream of Montgomery Highway
None
+788Huckleberry 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
+814Little 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
+626Little 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
+632Patton 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
+533Pinchgut 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
+846Turkey 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
+885Unnamed 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
+667Unnamed 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( print page 24740)Unnamed Creek 9
Just downstream of Alabama Highway 151
+591
+590
City of Center Point.Just downstream of Pinson Heights Road
+630
+631Valley 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
+7776Junction Creek
Pleasant Drive in Durango
+6641
+6659
Unincorporated Areas of La Plata County.Approximately 0.2 miles upstream of National Forest Boundary
+6994
+6996Los 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
+7533Los Pinos River
Approximately 1,200 feet downstream of Highway 160B
+6865
+6863
Town of Bayfield.Downstream face of Highway 160 Bridge
+6891
+6895Middle Creek
Approximately 0.6 miles downstream of County Road 501
+7674
+7674
Unincorporated Areas of La Plata County.West Grimes Creek Road
+7718
+7717Vallecito 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.( print page 24741)‸ 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
+512DuPage 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
+511Illinois & 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
+752Rock 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.( print page 24742)‸ 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
+784Little Brush Creek
Approximately 0.4 miles downstream of Old Union Road
None
+791
Sequatchie County.Approximately 588 feet upstream of Old Union Road
None
+825Sequatchie 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.
 
 
 (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