28202 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 

craft advisory or greater has been issued 

for the area unless specific approval is 

received from the Captain of the Port 

Long Island Sound. 

(iv) In an emergency, any vessel may 

deviate from the regulations in this 

section to the extent necessary to avoid 

endangering the safety of persons, 

property, or the environment. If 

deviation from the regulations is 

necessary, the master or their designee 

shall inform the Coast Guard as soon as 

it is practicable to do so. 

(c) Waivers. (1) The Captain of the 

Port Long Island Sound may, upon 

request, waive any regulation in this 

section. (2) A request for a waiver must 

include the need for the waiver and 

describe the proposed vessel operations 

through the Regulated Navigation Area. 

Dated: May 27, 2009. 

Dale G. Gabel, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. E9–13889 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1057] 

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 September 14, 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–1057, 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: 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 28203 

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 

Madison County, Alabama, and Incorporated Areas 

Aldridge Creek ...................... Approximately 0.4 miles upstream of Green Cove 

Road.

+577 +576 City of Huntsville, Unincorporated Areas of Madison County. 

Approximately 75 feet downstream of Drake Avenue +679 +682 

* 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 Huntsville 

Maps are available for inspection at 308 Fountain Circle Southwest, Huntsville, AL 35804. 

Unincorporated Areas of Madison County 

Maps are available for inspection at 100 North Side Circle, Huntsville, AL 35801. 

Franklin County, Kansas, and Incorporated Areas 

Nugent Creek ........................ Just upstream of Marshall Road .................................. None +904 City of Ottawa, Unincorporated Areas of Franklin County. 

Just downstream of Interstate Highway 35 .................. None +940 

Pottawatomie Creek .............. At confluence of Unnamed Tributary between Walnut 

Street and Cherry Street in eastern portion of the 

city.

None +874 City of Lane. 

Just upstream of the intersection of Lane Road and 

South Kansas Avenue.

None +875 

Rock Creek ........................... Just upstream of East 15th Street ............................... None +902 City of Ottawa, Unincorporated Areas of Franklin County. 

Just downstream of Interstate Highway 35 .................. None +913 

Walnut Creek ........................ Just upstream of Interstate Highway 35 ...................... None +1012 City of Wellsville, Unincorporated Areas of Franklin County. 

Just upstream of Utah Road ........................................ None +1040 

Walnut Creek Tributary ......... At confluence with Walnut Creek ................................. None +1030 Unincorporated Areas of 

Franklin County. 

Approximately 800 feet downstream from Hedge 

Road.

None +1038 

* 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 Lane 

Maps are available for inspection at 520 3rd Street, P.O. Box 116, Lane, KS 66042. 

City of Ottawa 

Maps are available for inspection at 101 S Hickory, 2nd Floor, Ottawa, KS 66067. 

City of Wellsville 

Maps are available for inspection at 411 Main Street, Wellsville, KS 66092. 

Unincorporated Areas of Franklin County 

Maps are available for inspection at 315 South Main Street, Suite 202, Ottawa, KS 66067. 


jlentini on PROD1PC65 with PROPOSALS
28204 Federal Register / Vol. 74, No. 113 / Monday, June 15, 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 

Lincoln County, Missouri, and Incorporated Areas 

Cuivre River .......................... At confluence with Mississippi River at East Sycamore Road, east of City of Old Monroe.+445 +444 Unincorporated Areas of 

Lincoln County, City of 

Old Monroe. 

McLean Creek ....................... At confluence with Mississippi River, just east of City 

of Winfield.

+446 +445 Unincorporated Areas of 

Lincoln County, City of 

Winfield. 

Mississippi River ................... At southern county boundary, east of City of Old 

Monroe.

+445 +444 Unincorporated Areas of 

Lincoln County, City of 

Elsberry, City of Foley, 

City of Old Monroe, City 

of Winfield. 

At northern county boundary at Dameron Road .......... +451 +450 

Sandy Creek ......................... At confluence with Mississippi River, east of City of 

Foley.

+447 +446 Unincorporated Areas of 

Lincoln County, City of 

Foley. 

* 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 Elsberry 

Maps are available for inspection at 201 Broadway Street, Elsberry, MO 63343. 

City of Foley 

Maps are available for inspection at 617 Elm Street, Foley, MO 63347. 

City of Old Monroe 

Maps are available for inspection at 151 Main Street, P.O. Box 212, Old Monroe, MO 63369. 

City of Winfield 

Maps are available for inspection at 51 Old Troy Highway, P.O. Box 59, Winfield, MO 63389. 

Unincorporated Areas of Lincoln County 

Maps are available for inspection at 201 Main Street, Troy, MO 63379. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 27, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–14039 Filed 6–12–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

[Docket No. NHTSA–2009–0066; Notice 1] 

RIN 2127–AK40 

Civil Penalties 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

increase the maximum civil penalty 

amounts for violations of motor vehicle 

safety requirements involving school 

buses, bumper standards, consumer 

information requirements, odometer 

tampering and disclosure requirements, 

and vehicle theft protection 

requirements. This action would be 

taken pursuant to the Federal Civil 

Monetary Penalty Inflation Adjustment 

Act of 1990, as amended by the Debt 

Collection Improvement Act of 1996, 

which requires us to review and, as 

warranted, adjust penalties based on 

inflation at least every four years. 

DATES: Comments on the proposal are 

due July 15, 2009. 

ADDRESSES: You may submit comments 

electronically [identified by DOT Docket 

ID Number NHTSA–2009–0066] by 

visiting the following Web site: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Alternatively, you can file comments 

using the following methods: 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 


jlentini on PROD1PC65 with PROPOSALS