Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31649 

project sponsor registers such source 

with the Commission on a form and in 

a manner as prescribed by the 

Commission, and provides a copy of 

same to the appropriate agency of the 

member State. 

(ii) Sources of water other than those 

subject to paragraph (f)(12)(i) of this 

section, including, but not limited to, 

public water supply, wastewater 

discharge or other reclaimed waters, 

provided such sources are first 

approved by the Executive Director 

pursuant to this section. Any request to 

utilize such source(s) shall be submitted 

on a form and in a manner as prescribed 

by the Commission, and shall be subject 

to review pursuant to the standards set 

forth in subpart C of this part. Any 

approval issued hereunder shall be 

further subject to any approval or 

authorization required by the member 

State to utilize such source(s). The 

notice requirements related to agencies 

of member States, municipalities and 

counties contained in paragraph (f)(2) of 

this section, and the notice 

requirements contained in paragraph 

(f)(3) of this section, shall likewise be 

applicable to any request submitted 

hereunder. 

Subpart D—Terms and Conditions of 

Approval 

3. In § 806.32, revise paragraph (a) to 

read as follows: 

§ 806.32 Reopening/modification. 

(a) Once a project is approved, the 

Commission, upon its own motion, or 

upon petition of the project sponsor or 

any interested party, may at any time 

reopen any project approval and make 

additional orders or otherwise modify or 

impose such additional conditions that 

may be necessary to mitigate or avoid 

adverse impacts or to otherwise protect 

the public health, safety, and welfare or 

water resources. Whenever a petition for 

reopening is filed by an interested party, 

the burden shall be upon that interested 

party to show, by a preponderance of 

the evidence, that a significant adverse 

impact or a threat to the public health, 

safety and welfare or water resources 

exists that warrants reopening of the 

docket. Notwithstanding the foregoing, 

any petition filed by a party who 

previously sought the same or similar 

relief identified in the petition pursuant 

to the administrative appeals process 

under § 808.2 will not be eligible for 

consideration by the Commission absent 

new facts not known or readily 

discernable at the time of consideration 

of the petitioner’s previous request for 

administrative appeal filed pursuant to 

§ 808.2. 

* * * * * 

PART 808—HEARINGS AND 

ENFORCEMENT ACTIONS 

Subpart A—Conduct of Hearings 

4. The authority citation for Part 808 

continues to read as follows: 

Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and 

15.2, Pub. L. 91–575, 84 Stat. 1509 et seq. 

5. In § 808.1, revise paragraphs (a)(2) 

and (c) to read as follows: 

§ 808.1 Public hearings. 

(a) * * * 

(2) Proposed rulemaking. 

* * * * * 

(c) Notice of public hearing. At least 

20 days before any public hearing 

required by the compact, notices stating 

the date, time, place and purpose of the 

hearing including issues of interest to 

the Commission shall be published at 

least once in a newspaper of general 

circulation in the area affected. 

Occasions when public hearings are 

required by the compact include, but are 

not limited to, amendments to the 

comprehensive plan, drought 

emergency declarations, and review and 

approval of diversions. In all other 

cases, at least 10 days prior to the 

hearing, notice shall be posted at the 

office of the Commission (or on the 

Commission Web site), mailed by first 

class mail to the parties who, to the 

Commission’s knowledge, will 

participate in the hearing, and mailed 

by first class mail to persons, 

organizations and news media who have 

made requests to the Commission for 

notices of hearings or of a particular 

hearing. With regard to rulemaking, the 

Commission shall convene at least one 

public hearing on any proposed 

rulemaking it approves for public 

review and comment. For any such 

hearing(s), notices need only be 

forwarded to the directors of the New 

York Register, the Pennsylvania 

bulletin, the Maryland Register and the 

Federal Register, and it is sufficient that 

this notice appear only in the Federal 

Register at least 20 days prior to the 

hearing and in each individual State 

publication at least 10 days prior to any 

hearing scheduled in that State. 

6. In § 808.2, revise paragraph (a) to 

read as follows: 

§ 808.2 Administrative appeals. 

(a) A project sponsor or other person 

aggrieved by any action or decision of 

the Commission or Executive Director 

may file a written appeal requesting a 

hearing. Except with respect to project 

approvals or denials, such appeal shall 

be filed with the Commission within 30 

days of the action or decision. In the 

case of a project approval or denial, 

such appeal shall be filed by a project 

sponsor within 30 days of receipt of 

actual notice, and by all others within 

30 days of publication of notice of the 

action taken on the project in the 

Federal Register. 

Dated: June 18, 2009. 

Paul O. Swartz, 

Executive Director. 

[FR Doc. E9–15542 Filed 7–1–09; 8:45 am] 

BILLING CODE 7040–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1054] 

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 30, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is 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–1054, to 

31650 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

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 

Lee County, Alabama, and Incorporated Areas 

Bird Creek ............................. The confluence with Saugahatchee Creek .................. None +507 Unincorporated Areas of 

Lee County. 

Approximately 1.9 miles upstream of the confluence 

with Saugahatchee Creek.

None +537 

Branch 1 of Saugahatchee 

Creek.

The confluence with Saugahatchee Creek .................. None +574 City of Auburn. 

Approximately 622 feet upstream of Dunford Avenue None +673 

Branch 1 of Saugahatchee 

Creek Tributary 1.

The confluence with Branch 1 of Saugahatchee 

Creek.

None +594 City of Auburn. 

Approximately 1,505 feet upstream of Shug Jordan 

Parkway.

None +646 

Branch 1 of Saugahatchee 

Creek Tributary 2.

The confluence with Branch 1 of Saugahatchee 

Creek.

None +607 City of Auburn. 

Approximately 1,440 feet upstream of Boykin Road ... None +678 

Branch 2 of Saugahatchee 

Creek.

The confluence with Saugahatchee Creek .................. None +578 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 640 feet of upstream of Gatewood 

Drive.

None +693 

Branch 2 of Saugahatchee 

Creek Tributary 1.

The confluence with Branch 2 of Saugahatchee 

Creek.

None +584 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 2,553 feet upstream of the confluence None +632 

Branch 2 of Saugahatchee 

Creek Tributary 2.

The confluence with Branch 2 of Saugahatchee 

Creek.

None +594 City of Auburn. 

Approximately 1,581 feet upstream of North Cary 

Drive.

None +652 

Branch 2 of Saugahatchee 

Creek Tributary 3.

The confluence with Branch 2 of Saugahatchee 

Creek.

None +606 City of Auburn. 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31651 

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 171 feet upstream of North Dean Road None +716 

Branch 2 of Saugahatchee 

Creek Tributary 3.1.

The confluence with Branch 2 of Saugahatchee 

Creek Tributary 3.

None +637 City of Auburn. 

Approximately 801 feet upstream of Hollins Road ...... None +707 

Branch 2 of Saugahatchee 

Creek Tributary 4.

The confluence with Branch 2 of Saugahatchee 

Creek.

None +673 City of Auburn. 

Approximately 201 feet upstream of Rick Drive .......... None +726 

Branch of Parkerson Mill 

Creek.

Approximately 471 feet downstream of Timberwood 

Drive.

None +441 Unincorporated Areas of 

Lee County, City of Auburn. 

Approximately 39 feet upstream of Timberwood Drive None +447 

Chewacla Creek .................... Approximately 1,500 feet upstream of the Lee County 

boundary.

None +354 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 3,592 feet upstream of Lee Road 112 None +557 

Chewacla Creek Tributary 12 The confluence with Chewacla Creek .......................... None +550 Unincorporated Areas of 

Lee County. 

Approximately 2,807 feet upstream of Johnson Lake 

earthen dam.

None +558 

Chewacla Creek Tributary 14 The confluence with Chewacla Creek .......................... None +539 Unincorporated Areas of 

Lee County. 

Approximately 2,999 feet upstream of the confluence None +548 

Chewacla Creek Tributary 15 The confluence with Chewacla Creek .......................... None +533 Unincorporated Areas of 

Lee County. 

Approximately 4,154 feet upstream of the confluence None +555 

Chewacla Creek Tributary 23 The confluence with Chewacla Creek .......................... None +436 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 157 feet upstream of Springhill Drive ... None +484 

Chewacla Creek Tributary 29 The confluence with Chewacla Creek .......................... None +369 Unincorporated Areas of 

Lee County. 

Approximately 3,138 feet upstream of the confluence 

with Chewacla Creek.

None +384 

Choctafaula Creek ................ Approximately 505 feet upstream of the Lee County 

boundary.

None +375 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 1.5 miles upstream of Beehive Road ... None +474 

Choctafaula Creek Tributary 

10.

The confluence with Choctafaula Creek ...................... None +468 Unincorporated Areas of 

Lee County. 

Approximately 1,552 feet upstream of earthen dam .... None +534 

Choctafaula Creek Tributary 

10.1.

The confluence with Choctafaula Creek ...................... None +487 Unincorporated Areas of 

Lee County. 

Approximately 2,848 feet upstream of the confluence None +527 

Choctafaula Creek Tributary 

9.

The confluence with Choctafaula Creek ...................... None +465 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 1.7 feet upstream of Wire Road ........... None +632 

Cossey Branch ...................... Approximately 1,954 feet upstream of the Lee County 

boundary.

None +356 Unincorporated Areas of 

Lee County. 

Approximately 1.1 miles upstream of Hwy 29 ............. None +452 

Cossey Branch Tributary 5 ... The confluence with Cossey Branch ............................ None +380 Unincorporated Areas of 

Lee County. 

Approximately 5,610 upstream of the confluence ........ None +403 

Cossey Branch Tributary 8 ... The confluence with Cossey Branch ............................ None +407 Unincorporated Areas of 

Lee County. 

Approximately 1.0 miles upstream of the confluence 

with Cossey Branch.

None +428 

Halawakee Creek Tributary 8 The confluence with Halawakee Creek ........................ None +645 City of Opelika, Unincorporated Areas of Lee 

County. 

Approximately 2,282 feet upstream of Jeter Avenue ... None +748 

Halawakee Creek Tributary 

8.5.

The confluence with Halawakee Creek Tributary 8 ..... None +649 City of Opelika. 

Approximately 2,000 feet upstream of the confluence None +653 

Halawakee Creek Tributary 

8.6.

The confluence with Halawakee Creek Tributary 8 ..... None +668 City of Opelika. 

Approximately 254 feet upstream of US Hwy 280 ....... None +677 

31652 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 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 

Halawakee Creek Tributary 

8.7.

The confluence with Halawakee Creek Tributary 8 ..... None +679 City of Opelika. 

Approximately 1,067 feet upstream of South Fox Run 

Parkway.

None +712 

Halawakee Creek Tributary 

8.7.3.

The confluence with Halawakee Creek Tributary 8.7 .. None +693 City of Opelika. 

Approximately 4,500 feet upstream of the confluence None +718 

Halawakee Creek Tributary 

8.8.

The confluence with Halawakee Creek Tributary 8 ..... None +679 City of Opelika. 

Approximately 269 feet upstream of Jeter Avenue ...... None +707 

Halawakee Tributary 8.7.1 .... The confluence with Halawakee Creek Tributary 8.7 .. None +689 City of Opelika. 

Approximately 2,538 feet upstream of the confluence None +707 

Halawakee Tributary 8.7.2 .... The confluence with Halawakee Creek Tributary 8.7 .. None +693 City of Opelika. 

Approximately 1,585 feet upstream of Hwy 51 ............ None +717 

Little Loblockee Creek .......... The confluence with Loblockee Creek ......................... None +598 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 2.2 miles upstream of Hwy 280 ........... None +701 

Loblockee Creek ................... The confluence with Saugahatchee Creek .................. None +522 Unincorporated Areas of 

Lee County. 

Approximately 11,694 feet upstream of US Hwy 280 .. None +686 

Loblockee Creek Tributary 12 The confluence with Loblockee Creek ......................... None +612 Unincorporated Areas of 

Lee County. 

Approximately 3,748 feet upstream of the confluence None +631 

Loblockee Creek Tributary 3 The confluence with Loblockee Creek ......................... None +562 Unincorporated Areas of 

Lee County, City of Auburn. 

Approximately 2.0 miles upstream of Farmville Road None +666 

Miles Creek ........................... Approximately 188 feet upstream of the Lee County 

boundary.

None +386 Unincorporated Areas of 

Lee County. 

Approximately 881 feet upstream of County Road 393 None +458 

Moore’s Mill Creek ................ The confluence with Chewacla Creek .......................... None +414 Unincorporated Areas of

Lee County, City of Auburn, City of Opelika. 

Approximately 2.0 miles upstream of Bent Creek 

Road.

None +687 

Moore’s Mill Creek Tributary 

2.

The confluence with Moore’s Mill Creek ...................... None +527 City of Auburn. 

Approximately 1,561 feet upstream of VFW Road ...... None +609 

Moore’s Mill Creek Tributary 

3.

The confluence with Moore’s Mill Creek ...................... None +531 City of Auburn. 

Approximately 86 feet upstream of earthen dam ......... None +594 

Moore’s Mill Creek Tributary 

4.

The confluence with Moore’s Mill Creek ...................... None +543 City of Auburn. 

Approximately 1,135 feet upstream of Core Drive ....... None +608 

Moore’s Mill Creek Tributary 

5.

The confluence with Moore’s Mill Creek ...................... None +553 City of Auburn. 

Approximately 85 feet upstream of Lauren Lane ......... None +628 

Moore’s Mill Creek Tributary 

6.

The confluence with Moore’s Mill Creek ...................... None +573 City of Auburn. 

Approximately 562 feet upstream of Burke Place ....... None +706 

Moore’s Mill Creek Tributary 

6.2.

The confluence with Moore’s Mill Creek Tributary 6 ... None +618 City of Auburn. 

Approximately 3,057 feet upstream of East University 

Drive.

None +707 

Nash Creek ........................... The confluence with Chewacla Creek .......................... None +495 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 142 feet upstream of Society Hill Road None +548 

Nash Creek Tributary 1 ........ The confluence with Nash Creek ................................. None +537 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 2,366 feet upstream of the confluence None +578 

Odom Creek .......................... The confluence with Cossey Branch ............................ None +412 Unincorporated Areas of 

Lee County. 

Approximately 1.2 miles upstream of County Road 27 None +447 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31653 

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 

Parkerson Mill Creek ............ The confluence with Chewacla Creek .......................... +394 +387 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 2,604 feet upstream of Wire Road ....... None +645 

Parkerson Mill Creek Tributary 10.The confluence with Parkerson Mill Creek .................. None +597 City of Auburn. 

Approximately 2,801 feet upstream of the confluence None +650 

Parkerson Mill Creek Tributary 3.The confluence with Parkerson Mill Creek .................. None +514 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 1,469 feet upstream of Longleaf Drive None +576 

Parkerson Mill Creek Tributary 6.The confluence with Parkerson Mill Creek .................. None +527 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 367 feet upstream of Webster Road .... None +657 

Parkerson Mill Creek Tributary 6.1.The confluence with Parkerson Mill Creek Tributary 6 None +606 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 339 feet upstream of Webster Road .... None +637 

Parkerson Mill Creek Tributary 6.2.The confluence with Parkerson Mill Creek Tributary 6 None +587 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 116 feet upstream of Raptor Road ...... None +631 

Parkerson Mill Creek Tributary 7.The confluence with Parkerson Mill Creek .................. None +530 City of Auburn. 

Approximately 1,557 feet upstream of the confluence 

with Parkerson Mill Creek Tributary 7.

None +566 

Parkerson Mill Creek Tributary 7.1.The confluence with Parkerson Mill Creek Tributary 7 None +546 City of Auburn. 

Approximately 538 feet upstream of earthen dam ....... None +569 

Parkerson Mill Creek Tributary 9.The confluence with Parkerson Mill Creek .................. None +568 City of Auburn. 

Approximately 157 feet upstream of Shug Jordan 

Parkway.

None +687 

Pepperell Creek .................... Approximately 120 feet upstream of Gateway Drive ... None +710 City of Opelika. 

Approximately 68 feet upstream of Fruitland Avenue .. None +753 

Pepperell Creek Tributary 4 .. The confluence with Pepperell Creek .......................... None +707 City of Opelika. 

Approximately 2,554 feet upstream of U.S. Hwy 280 .. None +753 

Pepperell Creek Tributary 5 .. The confluence with Pepperell Creek .......................... None +711 City of Opelika. 

Approximately 601 feet upstream of the confluence ... None +711 

Pepperell Creek Tributary 7 .. The confluence with Pepperell Creek .......................... None +723 City of Opelika. 

Approximately 742 feet upstream of South Long 

Street.

None +740 

Pepperell Creek Tributary 8 .. The confluence with Pepperell Creek .......................... None +726 City of Opelika. 

Approximately 158 feet upstream of Hurst Street ........ None +740 

Robinson Creek .................... The confluence with Chewacla Creek .......................... None +557 Unincorporated Areas of

Lee County. 

Approximately 2.6 miles upstream of Moores Mill 

Road.

None +618 

Rocky Creek ......................... Approximately 1,370 feet downstream of India Road .. None +717 City of Opelika. 

Approximately 279 feet upstream of Rocky Brook 

Road.

None +752 

Rocky Creek Tributary 6 ....... The confluence with Rocky Creek ............................... None +683 City of Opelika. 

Approximately 271 feet upstream of Bonita Avenue ... None +720 

Rocky Creek Tributary 7 ....... The confluence with Rocky Creek ............................... None +696 City of Opelika. 

Approximately 146 feet upstream of Preston Street .... None +776 

Rocky Creek Tributary 9 ....... The confluence with Rocky Creek ............................... None +719 City of Opelika. 

Approximately 1,246 feet upstream of the confluence None +734 

Saugahatchee Creek 34.4 .... The confluence with Saugahatchee Creek Tributary 

34.

None +589 City of Auburn. 

Approximately 3,190 feet upstream of Willow Creek 

Road.

None +641 

Saugahatchee Creek 34.5 .... The confluence with Saugahatchee Creek Tributary 

34.

None +590 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 5,000 feet upstream of the confluence None +658 

Saugahatchee Creek 34.5.2 The confluence with Saugahatchee Creek Tributary 

34.5.

None +599 City of Auburn. 

31654 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 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 2,000 feet upstream of the confluence None +621 

Saugahatchee Creek 34.7 .... The confluence with Saugahatchee Creek Tributary 

34.

None +642 City of Auburn. 

Approximately 1,115 feet upstream of Martin Luther 

King Drive.

None +669 

Saugahatchee Creek Tributary 18.The confluence with Saugahatchee Creek .................. None +613 City of Opelika, Unincorporated Areas of Lee 

County. 

Approximately 711 feet upstream of railroad ............... None +721 

Saugahatchee Creek Tributary 29.The confluence with Saugahatchee Creek .................. None +571 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 3,331 feet upstream of the confluence 

with Saugahatchee Creek.

None +642 

Saugahatchee Creek Tributary 34.The confluence with Saugahatchee Creek .................. None +553 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 1.7 miles upstream of the confluence 

with Saugahatchee Creek.

None +688 

Saugahatchee Creek Tributary 34.3.The confluence with Saugahatchee Creek Tributary 

34.

None +568 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 3,949 feet upstream of the confluence None +614 

Saugahatchee Creek Tributary 44.The confluence with Saugahatchee Creek .................. None +540 Unincorporated Areas of 

Lee County. 

Approximately 9,127 feet upstream of the confluence None +573 

Town Creek ........................... The confluence with Chewacla Creek .......................... None +401 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 796 feet upstream of Thach Avenue .... None +601 

Town Creek Tributary 1 ........ The confluence with Town Creek ................................. None +460 City of Auburn, Unincorporated Areas of Lee 

County. 

Approximately 602 feet upstream of Donahue Drive ... None +589 

Town Creek Tributary 2 ........ The confluence with Town Creek ................................. None +512 City of Auburn. 

Approximately 1,319 feet upstream of Janabrooke 

Lane.

None +540 

Town Creek Tributary 3 ........ The confluence with Town Creek ................................. None +584 City of Auburn. 

Approximately 112 feet upstream of East University 

Drive.

None +614 

Town Creek Tributary 4 ........ The confluence with Town Creek ................................. None +590 City of Auburn. 

Approximately 404 feet upstream of College Street .... None +654 

Town Creek Tributary 6 ........ The confluence with Town Creek ................................. None +631 City of Auburn. 

Approximately 331 feet upstream of Thach Avenue .... None +656 

Unnamed Tributary 2 ............ Approximately 120 feet upstream of the Lee County 

boundary.

None +372 Unincorporated Areas of 

Lee County. 

Approximately 1,500 feet upstream of the Lee County 

boundary.

None +384 

Untamed Tributary 1 ............. Approximately 52 feet upstream of the Lee County 

boundary.

None +376 Unincorporated Areas of 

Lee County. 

Approximately 976 feet upstream of the Lee County 

boundary.

None +400 

Webb Branch ........................ The confluence with Loblockee Creek ......................... None +594 Unincorporated Areas of 

Lee County. 

Approximately 2.7 miles upstream of Farmville Road None +655 

Webb Branch Tributary 3 ...... The confluence with Webb Branch .............................. None +599 Unincorporated Areas of 

Lee County. 

Approximately 2,340 feet upstream of the confluence None +606 

Webb Branch Tributary 4 ...... The confluence with Webb Branch .............................. None +611 Unincorporated Areas of 

Lee County. 

Approximately 2,461 feet upstream of the confluence None +624 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31655 

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 

City of Auburn 

Maps are available for inspection at 144 Tichenor Avenue, Suite 1, Auburn, AL 36830. 

City of Opelika 

Maps are available for inspection at the Planning Department, 700 Fox Trail, Opelika, AL 36803. 

Unincorporated Areas of Lee County 

Maps are available for inspection at 909 Avenue A, Opelika, AL 36801. 

Carroll County, Illinois, and Incorporated Areas 

Lake Carroll ........................... Bounded within the Lake Carroll Blvd. loop ................. None +746 Unincorporated Areas of 

Carroll County. 

Mississippi River ................... Approximately 1.1 mile downstream of Fairhaven 

Road extended (approximately 524.8 miles upstream of the confluence with the Ohio River).

+594 +593 Unincorporated Areas of 

Carroll County. 

Approximately 500 feet upstream of Fairhaven Road 

extended (approximately 526 miles upstream of the 

confluence with the Ohio River).

+594 +593 

* 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 Carroll County 

Maps are available for inspection at the Carroll County Courthouse, 301 North Main Street, Mount Carroll, IL 61053. 

Lincoln County, Nevada, and Incorporated Areas 

Clover Creek ......................... Approximately 280 feet upstream of confluence with 

Meadow Valley Wash (Near Caliente).

+4404 +4409 Unincorporated Areas of 

Lincoln County, City of 

Caliente. 

Approximately 2.4 miles upstream of confluence with 

Meadow Valley Wash (Near Caliente).

None +4473 

Meadow Valley Wash (Near 

Caliente).

Approximately 0.73 mile downstream of Union Pacific 

Railroad.

None # 2 Unincorporated Areas of 

Lincoln County, City of 

Caliente. 

Approximately 1,540 feet downstream of Union Pacific Railroad.None # 3 

Approximately 0.73 mile downstream of Union Pacific 

Railroad.

+4329 +4329 

Approximately 674 feet upstream of U.S. Hwy 93 ....... +4437 +4438 

Meadow Valley Wash (Near 

Ursine).

Approximately 1.0 mile downstream of North Eagle 

Valley Rd.

None +5543 Unincorporated Areas of 

Lincoln County. 

Approximately 1150 feet upstream of North Eagle 

Valley Rd.

None +5607 

* 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. 

31656 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 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 

ADDRESSES 

City of Caliente 

Maps are available for inspection at 100 Depot Avenue, Caliente, NV 89008. 

Unincorporated Areas of Lincoln County 

Maps are available for inspection at the Lincoln County. Planning and Zoning Department, 181 Main Street, Suite 107, Pioche, NV 89043. 

Davison County, South Dakota, and Incorporated Areas 

Dry Run Creek ...................... Approximately 1,554 feet downstream of SD Highway 

38.

+1263 +1254 Unincorporated Areas of 

Davison County, City of 

Mitchell. 

Approximately 2,578 feet upstream of 407th Avenue .. +1302 +1303 

James River .......................... Approximately 1,632 feet downstream of SD Highway 

38.

None +1223 Unincorporated Areas of 

Davison County, City of 

Mitchell. 

Approximately 2.33 miles upstream from 245th Street None +1226 

* 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 Mitchell 

Maps are available for inspection at 612 North Main Street, Mitchell, SD 57301. 

Unincorporated Areas of Davison County 

Maps are available for inspection at 200 East 4th Avenue, Mitchell, SD 57301. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: June 15, 2009. 

Edward L. Connor, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–15673 Filed 7–1–09; 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–1060] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1 percent annualchance) 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 30, 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–1060, 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).