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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-1047]
 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
  2. The tables published under the authority of § 67.4 are proposed to be amended as follows: 
                            ( print page 24754) 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**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.( print page 24755)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
+735Muskingum River
Approximately 0.4 mile downstream of E Muskingum Avenue (State Route 208)
+714
+718
Village of Dresden.At confluence with Wakatomika Creek
+716
+720Muskingum 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
+685Wakatomika 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
+725Wakatomika 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
+751Wakatomika 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.( print page 24756)** 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
+2906Approximately 200 feet upstream of the intersection of Custer Avenue and Eastside Channel
None
+2912Flooding Effects of Monahans Draw
Just upstream of Grandview Road
None
+2842
Unincorporated Areas of Ector County.Just upstream of South Crane Avenue
None
+2878Just upstream of West County Road
None
+2884Just upstream of Westcliff Drive
None
+3009Just upstream of State Highway 866
None
+3043Flooding 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
+2899Just upstream of Maple Avenue
None
+2907Flooding 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.( print page 24757)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