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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-1050]
 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 September 1, 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-1050, 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. 
                    ( print page 26641) *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: State
City/town/county
Source of flooding
Location **
* Elevation in feet 
                                     (NGVD)  
                                     + Elevation in feet  
                                     (NAVD)  
                                     # Depth in feet  
                                     above ground 
                                     ‸ Elevation in  
                                     meters (MSL)Existing
Modified**City of Greenwood, Wisconsin**Wisconsin
City of Greenwood
Black River
Approximately 4,460 feet downstream of County Highway G
None
+ 1113Approximately 4,960 feet upstream of County Highway G
None
+ 1126* National Geodetic Vertical Datum.
                                     + North American Vertical Datum. 
                                     # Depth in feet above ground. 
                                     ‸ Mean Sea Level, rounded to the nearest 0.1 meter.
 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**Arapahoe County, Colorado, and Incorporated Areas**Bear Gulch
Approximately 1 mile upstream of East 72nd Avenue
None
+  5355
Unincorporated Areas of Arapahoe County.Approximately 2.1 miles upstream 56th Avenue alignment
None
+  5482Bear Gulch Tributary
At the confluence with Bear Gulch
None
+ 5402
Unincorporated Areas of Arapahoe County.Approximately 900 feet upstream of the confluence with Bear Gulch
None
+ 5408Blackmer Gulch
Approximately 200 feet upstream of South Monroe Lane
+ 5417
+ 5418
City of Cherry Hills Village.Just upstream of the High Line Canal
+ 5492
+ 5491Box Elder Creek
Approximately 1,400 feet upstream of 72nd Avenue
None
+ 5367
City of Aurora, Unincorporated Areas of Arapahoe County.Approximately 0.5 miles downstream of Yale Avenue
None
+ 5691( print page 26642)Cherry Creek
Approximately 0.92 miles downstream of Arapahoe Road
+ 5623
+ 5624
City of Aurora, City of Centennial, Unincorporated Areas of Arapahoe County.Approximately 1.70 miles upstream of East Broncos Parkway
+ 5713
+ 5713Coyote Run
At the confluence with Box Elder Creek
None
+ 5393
City of Aurora, Unincorporated Areas of Arapahoe County.Approximately 3.80 miles upstream of East Alameda Avenue
None
+ 5814Goldsmith Gulch
Just upstream of East Belleview Avenue
+ 5591
+ 5590
Unincorporated Areas of Arapahoe County, City of Centennial, City of Greenwood Village.Approximately 100 feet downstream of East Arapahoe Road
None
+ 5773Goldsmith Gulch West Tributary
Approximately 400 feet upstream of the confluence with Goldsmith Gulch
+ 5640
+ 5641
Unincorporated Areas of Arapahoe County, City of Greenwood Village.Approximately 100 feet downstream of East Peakview Avenue
+ 5735
+ 5738Greenwood Gulch
Just upstream of Clarkson Street
+ 5344
+ 5344
City of Centennial, City of Cherry Hills Village, City of Greenwood Village.Just upstream of Holly Street
+ 5525
+ 5525Little Dry Creek
Just upstream of Clarkson Street
+ 5344
+ 5339
Unincorporated Areas of Arapahoe County, City of Centennial, City of Cherry Hills Village, City of Greenwood Village.Just downstream of South Quebec Street
+ 5619
+ 5618Murphy Creek
Just downstream of East Alameda Avenue
+ 5523
+ 5523
City of Aurora, Unincorporated Areas of Arapahoe County.Approximately 1,700 feet downstream of East Wheatlands Parkway
None
+ 6011Prentice Gulch
At the confluence with Greenwood Gulch
+ 5407
+ 5405
City of Greenwood Village.Just upstream of Holly Street
+ 5525
+ 5525Quincy Gulch
At the confluence with Blackmer Gulch
+ 5414
+ 5414
City of Cherry Hills Village.Approximately 300 feet upstream of the High Line Canal
+ 5494
+ 5494SJCD 6200
At the confluence with South Platte River
None
+ 5360
Unincorporated Areas of Arapahoe County, City of Littleton.Approximately 400 feet downstream of South Platte Canyon Road
None
+ 5404Willow Creek
At the confluence with Little Dry Creek
+ 5537
+ 5536
Unincorporated Areas of Arapahoe County.Just downstream of Englewood Dam outlet structure
+ 5558
+ 5559* 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 Aurora**Maps are available for inspection at 15151 East Alameda Parkway, 3rd Floor, Aurora, CO 80012.**City of Centennial**( print page 26643)Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 West Briarwood Avenue, Centennial, CO 80112.**City of Cherry Hills Village**Maps are available for inspection at 2450 East Quincy Avenue, Cherry Hills Village, CO 80113.**City of Greenwood Village**Maps are available for inspection at 6060 South Quebec Street, Greenwood Village, CO 80111.**City of Littleton**Maps are available for inspection at 2255 West Berry Avenue, Littleton, CO 80165.**Unincorporated Areas of Arapahoe County**Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 East Briarwood Avenue, Centennial, CO 80112.**Fergus County, Montana, and Incorporated Areas**Flood Channel
Approximately 70 feet upstream of Main Street Bridge
+ 3609
+ 3610
Town of Denton.Approximately 50 feet upstream of Railroad Bridge
+ 3610
+ 3614Shallow Flooding
Intersection of Bain Street and Main Street
None
# 1
Town of Denton.* National Geodetic Vertical Datum.** 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 Denton**Maps are available for inspection at 305 West Watson Street, Lewistown, MT 59457.**Tuscarawas County, Ohio, and Incorporated Areas**Beggar Run (Backwater from Tuscarawas River)
At the confluence of Beggar Run with Conotton Creek
None
+ 909
Unincorporated Areas of Tuscarawas County.Approximately 0.78 mile upstream of the confluence of Beggar Run with Conotton Creek
None
+ 909Browns Run (Backwater from Tuscarawas River)
At the confluence of Browns Run with Conotton Creek
None
+ 909
Unincorporated Areas of Tuscarawas County.Just downstream of Henderson School Road
None
+ 909Conotton Creek (Backwater from Tuscarawas River)
At the confluence of Conotton Creek and Tuscarawas River
None
+ 909
Unincorporated Areas of Tuscarawas County.Approximately 0.76 mile upstream of Miller Hill Road (Tuscarawas/Carroll County boundary)
None
+ 909Dog Run (Backwater from Tuscarawas River)
At the confluence of Dog Run and Conotton Creek
None
+ 909
Unincorporated Areas of Tuscarawas County.Approximately 0.42 mile upstream of Norfolk and Western Railway
None
+ 909Huff Run (Backwater from Tuscarawas River)
At the confluence of Huff Run with Conotton Creek
None
+ 909
Unincorporated Areas of Tuscarawas County, Village of Mineral City.Approximately 1.38 miles upstream of New Cumberland Road
None
+ 909Indian Fork (Backwater from Tuscarawas River)
At the confluence of Indian Fork with Conotton Creek
None
+ 909
Unincorporated Areas of Tuscarawas County.Just downstream of State Route 212
None
+ 909Middle Run (Backwater from Tuscarawas River)
At the confluence of Middle Run with Tuscarawas River
None
+ 909
Unincorporated Areas of Tuscarawas County.Approximately 0.72 mile upstream of Dover Zoar Road
None
+ 909Small Middle Run (Backwater from Tuscarawas River)
At the confluence of Small Middle Run with Tuscarawas River
None
+ 909
Unincorporated Areas of Tuscarawas County.Approximately 500 feet downstream of Dover Zoar Road
None
+ 909Stillwater Creek
Just downstream of the Baltimore and Ohio Railroad
None
+ 844
City of Midvale.( print page 26644)Approximately 0.45 mile upstream of US Route 250
None
+ 845Tuscarawas River
Just upstream of the Dover Dam
None
+ 909
Village of Bolivar, Unincorporated Areas of Tuscarawas County, Village of Zoar.Approximately 2.18 miles upstream of State Route 212 (Tuscarawas/Stark County boundary)
None
+ 909Tuscarawas River
Approximately 0.66 mile downstream of Tuscarawas Road
None
+ 838
Village of Tuscarawas.Tuscarawas River
Approximately 1,000 feet upstream of the confluence of Tuscarawas River with Clewell Run
None
+ 831
Village of Gnadenhutten.Wolf Run (Backwater from Tuscarawas River)
At the confluence of Wolf Run and Tuscarawas River
None
+ 909
Unincorporated Areas of Tuscarawas County.Approximately 0.89 mile upstream of Norfolk and Western Railway
None
+ 909* 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 Midvale**Maps are available for inspection at City Hall, 311 Barnhill Road, Midvale, OH 44653.**Unincorporated Areas of Tuscarawas County**Maps are available for inspection at the Tuscarawas County Administrative Offices, 125 East High Avenue, New Philadelphia, OH 44663.**Village of Bolivar**Maps are available for inspection at the Bolivar Village Hall, 109 Canal Street Northwest, Bolivar, OH 44612.**Village of Gnadenhutten**Maps are available for inspection at the Gnadenhutten Village Hall, 131 South Walnut Street, Gnadenhutten, OH 44629.**Village of Mineral City**Maps are available for inspection at the Mineral City Village Hall, 8728 North High Street, Mineral City, OH 44656.**Village of Tuscarawas**Maps are available for inspection at the Tuscarawas Village Hall, 522 East Cherry Street, Tuscarawas, OH 44682.**Village of Zoar**Maps are available for inspection at the County Administrative Offices, 125 East High Avenue, New Philadelphia, OH 44663.**Yankton County, South Dakota, and Incorporated Areas**James River
Just upstream of the confluence with the Missouri River
None
+ 1167
Unincorporated Areas of Yankton County.Approximately 600 feet upstream of County Highway 213 (431st Avenue)
None
+ 1188* 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 Yankton County**Maps are available for inspection at 321 West 3rd Street, Yankton, SD 57078.( print page 26645)**Angelina County, Texas, and Incorporated Areas**Biloxi Creek North Tributary
Approximately 0.6 miles downstream of Loop 287
None
+ 306
City of Lufkin.Just upstream of Loop 287
None
+ 329Cedar Creek
Just downstream of Lotus Lane
None
+ 278
City of Lufkin.Just upstream of State Loop 339
None
+ 299Cedar Creek North Tributary
Just upstream of Lotus Lane
None
+ 280
City of Lufkin.Approximately 1,070 feet upstream of Texas Southeastern Rail Road
None
+ 286Cedar Creek South Tributary
Confluence of Cedar Creek and Cedar Creek South Tributary
+ 254
+ 253
City of Lufkin.Approximately 1,300 feet upstream of Berry Road
None
+ 287Cedar Creek Tributary 3
Confluence of Cedar Creek Tributary 3 and Cedar Creek
None
+ 239
City of Lufkin.Just upstream of Live Oak Lane
None
+ 266East Fork of West Branch Mill Creek
Confluence of; East Fork of West Branch Mill Creek and Tributary to Mill Creek Tributary
+ 283
+ 279
City of Lufkin.Just downstream of US Highway 69
None
+ 300Hurricane Creek
Approximately 0.7 miles downstream of College Drive
None
+ 232
City of Lufkin.Just downstream of the intersection of Conn Avenue and Chestnut Street
+ 279
+ 280Hurricane Creek East Tributary (E)
Approximately 0.6 miles upstream of Brentwood Drive
None
+ 269
City of Lufkin.Confluence of Hurricane Creek and Hurricane Creek East Tributary (E)
None
+ 273Hurricane Creek East Tributary (E) Tributary
Confluence of Hurricane Creek East Tributary (E) Tributary and Hurricane Creek East Tributary (E)
+ 246
+ 250
City of Lufkin.Approximately 0.5 miles upstream of Brentwood Drive
None
+ 267Hurricane Creek East Tributary (North)
Just downstream of Jones Street
None
+ 289
City of Lufkin.Just upstream of Whipporwill Street
None
+ 305Hurricane Creek East Tributary (South)
Confluence of Hurricane Creek East Tributary (South) and Unnamed Tributary 4 to Hurricane Creek
None
+ 237
City of Lufkin.Just upstream of Pine Valley Drive
None
+ 265Hurricane Creek West Branch
Confluence of Hurricane Creek and Hurricane Creek West Branch
+ 251
+ 250
City of Lufkin.Just upstream of Park Lane
None
+ 276Mill Creek Tributary
Approximately 1,486 feet downstream of Bonita Street
None
+ 290
City of Lufkin.Approximately 230 feet upstream of Martin Luther King Drive
None
+ 304One Eyed Creek
Just downstream of Westwood Place
None
+ 289
City of Lufkin.Just downstream of Fuller Springs Drive
None
+ 309Shirley Creek
Just upstream of Loop 287
+ 259
+ 262
City of Lufkin.Just upstream of Trenton Road
None
+ 297Shirley Creek Tributary 2
Just downstream of Loop 287
None
+ 294
City of Lufkin.Just downstream of Shady Pine Road
None
+ 310Shirley Creek Tributary 2 East Branch
Confluence of Shirley Creek Tributary 2 and Shirley Creek Tributary 2 East Branch
None
+ 277
City of Lufkin.Approximately 600 feet upstream of Freeman Street
None
+ 296Tributary to Mill Creek Tributary
Just downstream of the City Lake Dam
+ 271
+ 272
City of Lufkin.Just downstream of US Highway 69
None
+ 305Tributary to Paper Mill Creek Tributary
Just downstream of State Highway 103
None
+ 272
City of Lufkin.Approximately 675 feet upstream of Freeman Street
None
+ 290Unnamed Tributary 1 to Hurricane Creek
Confluence of Hurricane Creek and Unnamed Tributary 1 to Hurricane Creek
+ 255
+ 259
City of Lufkin.Just upstream of Farm-to-Market Road 58
None
+ 293Unnamed Tributary 2 to Hurricane Creek
Confluence of Hurricane Creek and Unnamed Tributary 2 to Hurricane Creek
None
+ 247
City of Lufkin.Approximately .4 miles upstream from Tulane Road
None
+ 273Unnamed Tributary 3 to Hurricane Creek
Confluence of Hurricane Creek and Unnamed Tributary 3 to Hurricane Creek
None
+ 236
City of Lufkin.Just upstream of Loop 287
None
+ 264Unnamed Tributary 4 to Hurricane Creek
Confluence of Unnamed Tributary 4 to Hurricane Creek and Hurricane Creek East Tributary (South)
None
+ 237
City of Lufkin.( print page 26646)Approximately 773 feet upstream of Crown Colony Drive
None
+ 272Unnamed Tributary to Papermill Creek
Limit of detailed study nearest to Kit McConnico Park
None
+ 244
City of Lufkin.Lower limit of detailed study (no physical reference available)
None
+ 252Approximately 0.6 miles downstream of Moffett Road
None
+ 252Approximately 0.5 miles downstream of Moffett Road
None
+ 252Approximately 1,800 feet downstream of Old Moffett Road
None
+ 254Just upstream of State Loop 287
+ 259
+ 261* 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 Lufkin**Maps are available for inspection at 300 East Shepard Avenue, Lufkin, TX 75901.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: May 21, 2009. Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-12847 Filed 6-2-09; 8:45 am] BILLING CODE 9110-12-P