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). 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31657 

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: 

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 Williston, North Dakota 

North Dakota ......... City of Williston ...... Sand Creek ...................... Approximately 105 feet downstream of 

Riverside Drive West.

None +1852 

Approximately 2.57 miles upstream of 

11th Street.

None +1941 

* 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 Williston 

Maps are available for inspection at 22 East Broadway, Williston, ND 58802. 

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 

Perry County, Illinois, and Incorporated Areas 

Beaucoup Creek ................... Approximately 200 feet upstream of the railroad at the 

east end of Cedar Point Lane.

None +407 Unincorporated Areas of 

Perry Co. 

Approximately 913 feet upstream of the confluence 

with Railroad Tributary.

None +416 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

31658 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 

∧ 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 Perry Co 

Maps are available for inspection at Perry County Courthouse, 1 Public Square, Pinckneyville, IL 62274. 

Will County, Illinois, and Incorporated Areas 

Jackson Creek ...................... At the confluence with Jackson Branch Creek ............ None +627 Village of Manhattan. 

Just downstream of 104th Avenue ............................... None +752 

* 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 

Village of Manhattan 

Maps are available for inspection at 245 South State Street, Manhattan, IL 60442. 

Woodford County, Illinois, and Incorporated Areas 

Illinois River ........................... Approximately 173.4 miles upstream of the confluence with the Mississippi River (approximately 

Leisure Lane extended).

None +460 Village of Bay View Gardens. 

Approximately 172 miles upstream of the confluence 

with the Mississippi River (approximately 1,500 feet 

upstream of Bruce Rich Lane extended).

None +460 

Ten Mile Creek ..................... Approximately 3 miles upstream of the confluence 

with the Illinois River (approximately Ten Mile 

Creek Road extended).

None +507 Unincorporated Areas of 

Woodford County. 

Approximately 3.2 miles upstream of the confluence 

with the Illinois River (approximately 1,075 feet upstream of Ten Mile Creek Road extended).

None +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 

Unincorporated Areas of Woodford County 

Maps are available for inspection at Woodford County Courthouse, 115 North Main Street, Eureka, IL 61530. 

Village of Bay View Gardens 

Maps are available for inspection at Bay View Gardens Village Hall, 300 Garber Lane #8, East Peoria, IL 61611. 

Black Hawk County, Iowa, and Incorporated Areas 

Big Woods Creek .................. Approximately 88 feet upstream of Lone Tree Road ... None +864 City of Cedar Falls, Unincorporated Areas of 

Black Hawk County. 

Just downstream of Cedar-Wapsi Road ...................... None +920 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31659 

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 

Big Woods Creek Upper Diversion.Approximately 0.5 mile upstream of Mount Vernon 

Road.

None +870 Unincorporated Areas of 

Black Hawk County. 

Approximately 0.6 mile upstream of Cedar-Wapsi 

Road.

None +875 

Black Hawk Creek ................ Just upstream of West Shaulis Road ........................... +872 +870 Unincorporated Areas of 

Black Hawk County, City 

of Hudson, City of Waterloo. 

Approximately 975 feet downstream of Zaneta Road +890 +891 

Cedar River ........................... Just upstream of Lone Tree Road and Interstate 218 None +864 City of Cedar Falls. 

East of Big Woods Road and approximately 0.3 mile 

south of Dunkerton Road along Illinois Central Gulf 

Railroad.

None +864 

Cedar River ........................... Approximately 0.6 mile downstream of Interstate 218 +858 +859 City of Cedar Falls, City of

Waterloo, Unincorporated Areas of Black 

Hawk County. 

Approximately 2.1 miles upstream of Center Street .... +868 +869 

Cedar River Diversion Channel.Approximately 440 feet downstream of State Highway 

57.

+859 +860 City of Cedar Falls. 

Approximately 1.3 miles upstream of Illinois Central 

Railroad.

+864 +865 

City View Branch .................. Approximately 0.3 mile downstream of Independence 

Avenue.

+853 +847 City of Waterloo. 

Just downstream of Chicago and North Western Railroad.+857 +859 

Crane Creek .......................... Approximately 117 feet downstream of Wheeler Road None +936 Unincorporated Areas of 

Black Hawk County, City 

of Dunkerton. 

Just downstream of East Cedar Wapsi Road .............. None +967 

Crossroads Creek ................. Approximately 91 feet downstream of Hess Road ...... None +845 City of Waterloo. 

Approximately 514 feet upstream of Alexander Drive None +871 

Crossroads Creek Diversion Approximately 91 feet downstream of Hess Road ...... +846 +849 City of Waterloo. 

Approximately 0.3 mile upstream of Sarah Drive ........ +866 +867 

Dry Run Creek Diversion ...... Approximately 271 feet upstream of Interstate 218 ..... +867 +864 City of Cedar Falls. 

Approximately 243 feet downstream of Interstate 218 +868 +866 

Dry Run Creek at Cedar 

Falls.

Approximately 293 feet downstream of Illinois Central 

Gulf Railroad.

+860 +852 City of Cedar Falls. 

Approximately 540 feet downstream of U.S. Route 20 +927 +928 

Dry Run Creek at Waterloo .. Approximately 664 feet downstream of Commercial 

Street.

#1 #2 City of Waterloo. 

Approximately 106 feet upstream of Byron Avenue .... +868 +861 

Approximately 0.5 mile upstream of Kimball Avenue .. None +942 

Maywood Branch .................. Approximately 0.4 mile downstream of Bishop Avenue +856 +855 City of Waterloo. 

Just upstream of Bishop Avenue ................................. +858 +857 

Myers Lake ........................... West end of lake .......................................................... +826 +838 City of Evansdale. 

East end of lake ........................................................... +826 +838 

Ponded Area No. 2, from Elk 

Run Creek, landside of 

levee.

North end of ponding area, approximately 0.3 mile 

downstream of LaFayette Road.

+833 +836 City of Evansdale. 

South end of ponding area, approximately 0.4 mile 

upstream of Gilbert Road.

+833 +836 

Ponded Area No.1 from Elk 

Run Creek, landside of 

levee.

North end of ponding area, approximately 150 feet 

downstream of Gilbert Drive.

+831 +836 City of Evansdale. 

South end of ponding area, approximately 350 feet 

upstream of State Route 380.

+831 +836 

South West Branch of Dry 

Run Creek.

Approximately 279 feet downstream of Main Street .... +870 +865 City of Cedar Falls. 

Approximately 1.8 miles upstream of Future Greenhill 

Road.

+917 +921 

Stream No. 13 ....................... Approximately 1.0 mile downstream of Wagner Road +857 +856 City of Waterloo. 

Approximately 364 feet upstream of Airline Highway .. +864 +863 

Stream No. 36 ....................... Approximately 1.0 mile downstream of Wagner Road +864 +863 City of Waterloo, Unincorporated Areas of Black 

Hawk County. 

Approximately 0.4 mile downstream of Dunkerton 

Road.

None +870 

31660 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 

Sunnyside Creek ................... Approximately 0.3 mile downstream of Martin Road ... None +855 City of Waterloo. 

Approximately 130 feet upstream of 4th Street ........... None +878 

Sunnyside Creek Bypass ...... Approximately 0.6 mile downstream of Marine Avenue +858 +861 City of Waterloo. 

Approximately 450 feet upstream of Marine Avenue ... None +869 

Unnamed Tributary to Big 

Woods Creek.

Just downstream of Dunkerton Road ........................... None +864 City of Cedar Falls. 

Approximately 408 feet West of Interstate 218 ............ None +864 

Unnamed Tributary to Big 

Woods Creek.

Approximately 0.5 mile upstream of Mount Vernon 

Road.

None +871 Unincorporated Areas of 

Black Hawk County. 

Just upstream of Dunkerton Road ............................... None +871 

Unnamed Tributary to Cedar 

River.

Approximately 182 feet downstream of Dunkerton 

Road.

+863 +864 City of Cedar Falls. 

Just upstream of Lone Tree Road ............................... +863 +864 

Wolf Creek ............................ Approximately 0.6 mile downstream of Bike Path ....... +814 +815 City of La Porte City. 

Approximately 1.3 miles upstream of Main Street ....... None +824 

Wolf Creek Overflow ............. Approximately 0.4 mile downstream of 8th Street ....... +814 +815 City of La Porte City, Unincorporated Areas of 

Black Hawk County. 

Approximately 1.3 miles upstream of Poplar Street .... +822 +823 

* 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 Cedar Falls 

Maps are available for inspection at 220 Clay Street, Cedar Falls, IA 50613. 

City of Dunkerton 

Maps are available for inspection at 200 Tower Street, Dunkerton, IA 50626. 

City of Evansdale 

Maps are available for inspection at 123 North Evans Road, Evansdale, IA 50707. 

City of Hudson 

Maps are available for inspection at 525 Jefferson Street, Hudson, IA 50643. 

City of La Porte City 

Maps are available for inspection at 202 Main Street, LaPorte City, IA 50651. 

City of Waterloo 

Maps are available for inspection at 715 Mulberry Street, Waterloo, IA 50703. 

Unincorporated Areas of Black Hawk County 

Maps are available for inspection at 316 East 5th Street, Suite 203, Waterloo, IA 50703. 

Cumberland County, Maine, and Incorporated Areas 

Atlantic Ocean ....................... Along the shoreline at the intersection of Hannaford 

Cove Road, Cunner Lane and Rocky Point Lane.

+8 +12 Town of Scarborough, 

Town of Cape Elizabeth. 

Along the shoreline, approximately 1,050 feet east of 

the intersection of Shore Road and Dyer Pond 

Road.

None +42 

Casco Bay ............................. Along the shoreline, approximately 625 feet south of 

the intersection of Tondreau Point Road and Birch 

Run.

+8 +10 Town of Cape Elizabeth, 

City of Portland, City of 

South Portland, Town of 

Cumberland, Town of 

Harpswell. 

Along the shoreline, approximately 100 feet east of 

the intersection of Bluff Road and Cloyster Road.

None +41 

Crescent Lake ....................... Along the shoreline at Edwards Road ......................... None +278 Town of Casco. 

Fore River ............................. Along the shoreline, at the terminus of Portland Street None +14 City of South Portland,

City of Portland. 

Along the shoreline, approximately 430 feet south of 

the intersection of Commercial Street and Chandler 

Wharf.

+9 +14 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31661 

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 

Jackson Brook ...................... Approximately 1,500 feet south of the intersection of 

Thomas Drive and County Road.

None +45 City of Portland. 

Presumpscot River ................ Approximately 1,250 feet west of the intersection of 

Cardinal Lane and River Road.

None +225 Town of Standish. 

Saco Bay ............................... Along the shoreline, approximately 1,200 feet west of 

the intersection of Ferry Road and Black Point 

Road.

None +12 Town of Scarborough. 

Along the shoreline at the intersection of Black Point 

Road and Whittier Lane.

+8 +24 

* 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 Portland 

Maps are available for inspection at City Hall, 389 Congress Street, Portland, ME 04101. 

City of South Portland 

Maps are available for inspection at City Hall, 25 Cottage Road, South Portland, ME 04106. 

Town of Cape Elizabeth 

Maps are available for inspection at Town Hall, 320 Ocean House Road, Cape Elizabeth, ME 04107. 

Town of Casco 

Maps are available for inspection at Town Hall, 635 Meadow Road, Casco, ME 04015. 

Town of Cumberland 

Maps are available for inspection at Town Hall, 290 Tuttle Road, Cumberland, ME 04021. 

Town of Harpswell 

Maps are available for inspection at Town Hall, 263 Mountain Road, Harpswell, ME 04079. 

Town of Scarborough 

Maps are available for inspection at Town Hall, 259 U.S. Route 1, Scarborough, ME 04074. 

Town of Standish 

Maps are available for inspection at Town Office, 175 Northeast Road, Standish, ME 04084. 

Walthall County, Mississippi, and Incorporated Areas 

Magees Creek ....................... Approximately 4,050 feet downstream of State Highway 198.None +258 Unincorporated Areas of 

Walthall County. 

Approximately 2,300 feet upstream of State Highway 

198.

None +264 

* 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 Walthall County 

Maps are available for inspection at 200 Ball Avenue, Tylertown, MS 39667. 

St. Charles County, Missouri, and Incorporated Areas 

Blanchette Creek (Backwater 

from Missouri River).

Just downstream of Katy Trail/Abandoned Railroad .... +454 +455 Unincorporated Areas of 

St. Charles County, City 

of St. Charles. 

At the confluence with the Missouri River .................... +454 +455 

31662 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 

Crystal Springs Creek (Backwater from Missouri River).At the confluence with the Missouri River .................... +456 +457 Unincorporated Areas of 

St. Charles County, City 

of St. Charles. 

Approximately 871 feet upstream of South River 

Road.

+456 +457 

Duckett Creek (Overflow 

from Missouri River).

At the confluence with the Missouri River .................... +461 +462 Unincorporated Areas of 

St. Charles County. 

Approximately 0.5 miles upstream of Jungs Station 

Road.

+462 +463 

Femme Osage Creek (Backwater from Missouri River).Approximately 0.4 miles downstream of State Highway 94.+474 +476 Unincorporated Areas of 

St. Charles County. 

Approximately 1.4 miles downstream of Defiance 

Road.

+475 +476 

Mississippi River ................... At the St. Charles County, Missouri/St. Louis County, 

Missouri/Madison County, Illinois county boundary, 

approximately 6.2 miles downstream of Melvin 

Price Lock and Dam.

+436 +434 Unincorporated Areas of 

St. Charles County, City 

of O’Fallon, City of Portage Des Sioux, City of 

St. Charles, City of St. 

Paul, City of St. Peters, 

Town of West Alton. 

At the St. Charles County/Lincoln County boundary, 

approximately 3.0 miles upstream of confluence 

with Peruue Creek.

+445 +444 

Missouri River ....................... At the St. Charles County, Missouri/St. Louis County, 

Missouri/Madison County, Illinois county boundary, 

approximately 7.4 miles downstream of the Lewis 

Bridge.

+436 +434 Unincorporated Areas of 

St. Charles County, City 

of St. Charles, City of 

Weldon Spring, Town of 

West Alton, Village of 

Augusta. 

Near the St. Charles County/Warren County boundary, approximately 22.3 miles upstream of the 

Danel Boon Bridge.

+486 +492 

Taylor Branch (Backwater 

from Missouri River).

At the confluence with the Missouri River .................... +458 +460 Unincorporated Areas of 

St. Charles County, City 

of St. Charles. 

Approximately 0.6 miles upstream of South River 

Road.

+458 +460 

* 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 O’Fallon 

Maps are available for inspection at 100 North Main Street, O’Fallon, MO 63366. 

City of Portage Des Sioux 

Maps are available for inspection at 201 North Second Street, Room 420, St. Charles, MO 63301. 

City of St. Charles 

Maps are available for inspection at 200 North Second Street, St. Charles, MO 63301. 

City of St. Paul 

Maps are available for inspection at 2300 St. Paul Road, St. Paul, MO 63366. 

City of St. Peters 

Maps are available for inspection at 1 St. Peters Centre Boulevard, St. Peters, MO 63376. 

City of Weldon Spring 

Maps are available for inspection at 5401 Independence Road, Weldon Springs, MO 63304. 

Town of West Alton 

Maps are available for inspection at 201 North Second Street, Room 420, St. Charles, MO 63301. 

Unincorporated Areas of St. Charles County 

Maps are available for inspection at 201 North Second Street, Room 420, St. Charles, MO 63301. 

Village of Augusta 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31663 

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 

Maps are available for inspection at 201 North Second Street, Room 420, St. Charles, MO 63301. 

Sequoyah County, Oklahoma, and Incorporated Areas 

Hog Creek ............................. Just upstream of East 1040 Road ............................... +578 +577 Unincorporated Areas of 

Sequoyah County. 

Approximately 0.85 miles upstream of East 1040 

Road.

+617 +619 

Sewage Disposal Pond ......... Just downstream of Pacific Union railroad ................... None +481 Town of Gore. 

Approximately 0.47 miles downstream of Union Pacific railroad.None +481 

* 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 Gore 

Maps are available for inspection at 201 North Main Street, Gore, OK 74435. 

Unincorporated Areas of Sequoyah County 

Maps are available for inspection at 117 South Oak Street, Salisaw, OK 74955. 

Bledsoe County, Tennessee, and Incorporated Areas 

Sequatchie River ................... Approximately 1,200 feet downstream of State Highway 30.None +819 Bledsoe County. 

Approximately 2,745 feet downstream of Upper East 

Valley Road.

None +825 

* 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 

Bledsoe County 

Maps are available for inspection at 3031 Main St, Suite 600, Pikeville, TN 37367. 

Goliad County, Texas, and Incorporated Areas 

San Antonio River ................. Approximately 600 feet upstream of confluence with 

Maddox Branch.

None +142 Unincorporated Areas of 

Goliad County. 

Approximately 1,300 feet upstream of South San 

Patricio Street.

None +147 

* 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. 

31664 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 

Unincorporated Areas of Goliad County 

Maps are available for inspection at 127 N. Courthouse Square, Goliad, TX 77963–0677. 

Taylor County, Texas, and Incorporated Areas 

Button Willow Creek ............. Just downstream of Treadway Boulevard .................... +1755 +1756 City of Abilene. 

Just upstream of Beltway South .................................. None +1825 

Cat Claw Creek ..................... At the confluence with Elm Creek ................................ +1679 +1677 City of Abilene.

Just upstream of 14th Street ........................................ +1739 +1738 

Cat Claw Creek ..................... Just upstream of Rebecca Lane .................................. +1780 +1779 City of Abilene, Unincorporated Areas of Taylor 

County. 

Approximately two miles upstream of Farm-to-Market 

Road 707.

None +1842 

Cat Claw Creek Diversion 

Channel.

At the confluence with Cat Claw Creek ....................... +1752 +1758 City of Abilene. 

Just upstream of Nonesuch Road ................................ +1759 +1762 

Cat Claw Creek Diversion 

Channel 1.

At the confluence with Cat Claw Drive Channel .......... +1761 +1762 City of Abilene. 

Just upstream of Nonesuch Road ................................ +1761 +1762 

Cat Claw Drive Channel ....... Just downstream of Southwest Drive ........................... +1761 +1762 City of Abilene. 

At the confluence with Cat Claw Creek ....................... +1766 +1777 

Cedar Creek .......................... Just upstream of North 10th Street .............................. +1687 +1688 City of Abilene, Unincorporated Areas of Taylor 

County. 

Just downstream of Beltway South .............................. +1790 +1791 

Elm Creek ............................. Approximately 0.7 miles downstream of Nugent Road. None +1650 City of Abilene, Unincorporated Areas of Taylor 

County. 

At the confluence with Elm Creek Loop 1 ................... None +1664 

Just upstream of Edgemeont Drive .............................. +1764 +1765 

Approximately one mile upstream from Farm-to-Market Road 707.None +1831 

Elm Creek ............................. Just upstream of Winters Freeway Service ................. +1684 +1685 City of Abilene. 

Just downstream of US Highway 83 ............................ +1705 +1704 

Elm Creek Diversion 1 .......... At the confluence with Elm Creek ................................ +1724 +1725 City of Abilene. 

Just downstream of Don Juan Street ........................... #2 +1727 

Elm Creek Loop 1 ................. Ending at the lower confluence with Elm Creek .......... None +1656 City of Abilene, Unincorporated Areas of Taylor 

County. 

Starting at the upper confluence with Elm Creek ........ None +1663 

Elm Creek Overflow .............. At the confluence with Little Elm Creek ....................... +1734 +1732 City of Abilene. 

Approximately 1,800 feet upstream of Twylight Trail ... #2 +1769 

Elm Creek Overflow Path 1 .. At the confluence with Swale A–1 ............................... +1682 +1685 City of Abilene. 

Just upstream of Ambler Avenue ................................. +1700 +1701 

Elm Creek Overflow Path 1– 

A.

At the confluence with Elm Creek Overflow Path 1 ..... +1693 +1696 City of Abilene. 

Approximately 0.5 miles upstream of Ambler Avenue +1703 +1702 

Elm Creek Overflow Path 2 .. At the confluence with Elm Creek ................................ +1704 +1702 City of Abilene. 

Just downstream of the Texas and Pacific Railroad ... #2 +1721 

Elm Creek to Cedar Creek 

Overflow.

Approximately 1.3 miles downstream of Farm-to-Market Road 3308.None +1646 City of Abilene, Unincorporated Areas of Taylor 

County. 

Just downstream of Farm-to-Market Road 3308 ......... +1657 +1656 

Indian Creek .......................... At the confluence with Elm Creek ................................ +1690 +1693 City of Abilene, Unincorporated Areas of Taylor 

County. 

Approximately 0.9 miles upstream of Shirley Road ..... None +1699 

Little Elm Creek .................... At the confluence with Elm Creek ................................ +1700 +1702 City of Abilene, Unincorporated Areas of Taylor 

County. 

Approximately one mile upstream of Dyess Air Force 

Service Road.

None +1784 

Little Elm Creek Overflow A At the confluence with Little Elm Creek ....................... +1730 +1729 City of Abilene. 

At the confluence with Elm Creek Overflow ................ #2 +1750 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31665 

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 

Lytle Creek ............................ At the confluence with Cedar Creek ............................ +1696 +1697 City of Abilene, Unincorporated Areas of Taylor 

County. 

Just downstream of County Road 111–1 ..................... +1759 +1760 

Rainy Creek .......................... Just downstream of Lowden Street .............................. None +1670 City of Abilene. 

Just upstream of Griffith Street .................................... None +1682 

Approximately 0.5 miles downstream of North 10th 

Street.

None +1688 

Just downstream of North 10th Street ......................... None +1696 

Swale A ................................. Just upstream of Interstate 20 ..................................... +1681 +1685 City of Abilene. 

Just downstream of State Street .................................. None +1713 

Swale A–1 ............................. Just upstream of Interstate 20 ..................................... +1687 +1685 City of Abilene. 

Just downstream of Yale Avenue ................................ None +1715 

Tributary No. 1 to Elm Creek At the confluence with Elm Creek ................................ +1766 +1767 City of Abilene, Unincorporated Areas of Taylor 

County. 

Approximately 1.6 miles upstream of Rebecca Lane .. None +1792 

Tributary No. 1 to Little Elm 

Creek.

Just downstream of Interstate 20 Business ................. +1711 +1712 City of Abilene. 

Approximately 1.5 miles upstream of Interstate 20 

Business.

None +1734 

Tributary No. 2 to Elm Creek At the confluence with Elm Creek ................................ +1774 +1781 City of Abilene, Unincorporated Areas of Taylor 

County. 

Just upstream of County Road 314 ............................. None +1811 

Unnamed Tributary to Cat 

Claw Creek.

At the confluence with Cat Claw Creek ....................... +1802 +1803 City of Abilene. 

Approximately 600 feet upstream of Rio Mesa Road .. None +1821 

Unnamed Tributary to Rainy 

Creek.

At the confluence with Rainy Creek ............................. None +1694 City of Abilene. 

Just downstream of Stamford Street ............................ None +1695 

* 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 Abilene 

Maps are available for inspection at 555 Walnut St., Abilene, TX 79601. 

Unincorporated Areas of Taylor County 

Maps are available for inspection at 400 Oak Street, Suite 107, Abilene, TX 79602. 

Polk County, Wisconsin, and Incorporated Areas 

Balsam Lake ......................... Entire Shoreline ............................................................ None +1135 Unincorporated Areas of 

Polk County, Village of 

Balsam Lake. 

* 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 Polk County 

Maps are available for inspection at Government Center, 100 Polk County Plaza, Balsam Lake, WI 54810. 

31666 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 

Village of Balsam Lake 

Maps are available for inspection at Village Hall, 404 Main Street, Balsam Lake, WI 54810. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: June 17, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–15674 Filed 7–1–09; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 535 

[Docket No. 09–02] 

RIN 3072–AC35 

Repeal of Marine Terminal Agreement 

Exemption 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Maritime 

Commission proposes to repeal the 

exemption from the 45-day waiting 

period requirement applicable to certain 

Marine Terminal Agreements. The 

Commission also proposes to correct a 

typographical error in its regulations. 

DATES: Comments are due by August 17, 

2009. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street, 

NW., Room 1046, Washington, DC 

20573–0001, Secretary@fmc.gov, (202) 

523–5725. 

FOR FURTHER INFORMATION CONTACT: 

Peter J. King, General Counsel, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Room 1018, 

Washington, DC 20573–0001, 

generalcounsel@fmc.gov, (202) 523– 

5740. 

SUPPLEMENTARY INFORMATION: 

Submit Comments: Submit an original 

and 15 copies of comments in paper 

form, and submit a copy in electronic 

form (Microsoft Word 2003) by e-mail to 

secretary@fmc.gov. Include in the e-mail 

subject line: ‘‘Comments on Repeal of 

Marine Terminal Agreement 

Exemption’’. 

Under section 16 of the Shipping Act, 

the Commission may exempt any class 

of agreements from the requirements of 

the Act if the Commission finds that the 

exemption will not result in substantial 

reduction in competition or be 

detrimental to commerce. 46 U.S.C. 

40103. The Commission may attach 

conditions to any exemption. Id. An 

exemption previously granted may be 

revoked, by order, after affording 

interested persons an opportunity for a 

hearing. Id. 

In Docket No. 85–10, the Commission 

determined that it would exempt certain 

marine terminal agreements from the 

45-day waiting period requirement, 

based upon its finding that such 

exemption would not substantially 

impair effective regulation by the 

Commission, be unjustly discriminatory 

or detrimental to commerce, nor result 

in a substantial reduction in 

competition within the meaning of 

Section 16 of the Shipping Act. Marine 

Terminal Agreements, 24 S.R.R. 192, 

193–194 (FMC 1987). Initially adopted 

as section 572.307, this provision was 

later re-designated as section 535.308. 

In the years since September 11, 2001, 

agreements filed with the Commission 

by marine terminal operators (MTOs) 

reveal the greater complexity of subject 

matter and the wider range of 

operational issues that the marine 

terminal industry seeks to address in 

MTO agreements. See, e.g., testimony of 

Win Froelich of the National 

Association of Waterfront Employers 

before the House Transportation and 

Infrastructure Committee, 

Subcommittee on Coast Guard and 

Maritime Transportation (June 19, 2008) 

at 8 (citing, inter alia, newly created or 

imposed responsibilities for MTOs in 

areas of traffic congestion and noise 

issues, pollution abatement, and port 

security). 

As port agreements have evolved 

beyond simple landlord-tenant issues, 

such agreements increasingly have the 

potential to incur the anticompetitive 

consequences that the Commission 

deemed unlikely when it first adopted 

the exemption. Under current rule 

535.308, marine terminal agreements 

become effective upon filing, depriving 

the Commission of pre-effectiveness 

opportunity to review the agreements 

during the statutory 45-day waiting 

period and the opportunity to seek 

access to additional information from 

the agreement parties necessary for the 

Commission to perform its statutory 

duties under section 6 of the Shipping 

Act, 46 U.S.C. 40304, 41307. The 

absence of any waiting period 

requirement for marine terminal 

agreements under section 535.308 may 

frustrate the Commission’s function of 

preventing a reduction in competition 

under section 6 of the Shipping Act, 

whether filed by public or private MTO 

parties. It therefore appears that section 

535.308 may no longer be serving the 

original intent of the Commission’s 

rulemaking. 

In addition, recent review by the 

Commission of a marine terminal 

agreement filed under § 535.308 

demonstrates that the application and 

interpretation of the exemption has 

proven relatively complex to the 

industry and to counsel: 

In considering the plain text of the cited 

provision, the operative requirements of the 

foregoing exemption specify application of 

the exemption only to: (1) An agreement, 

written or oral; (2) that applies to future, 

prospective activities; (3) that relates solely 

to marine terminal facilities and/or services; 

(4) among marine terminal operators and 

among one or more marine terminal 

operators and one or more ocean common 

carriers; and (5) that completely sets forth the 

applicable rates, charges, terms and 

conditions agreed to by the parties for the 

facilities and/or services. The burden of 

establishing the applicability of an 

exemption falls on the person claiming the 

exemption. 

Petition of Certain Marine Terminal 

Operator Parties to Agreement No. 

201199, Petition No. P2–08, Order at 5– 

6 (January 16, 2009). Further, such 

exempt agreements must not be a joint 

venture agreement, marine terminal 

conference agreement, marine terminal 

discussion agreement or marine 

terminal interconference agreement. 46 

CFR 535.308(a). The current provisions 

have underscored the potential for 

future confusion and dispute as to the 

proper application of the section 

535.308 exemption.