33368 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: June 29, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–16524 Filed 7–10–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of FEMA has resolved any 

appeals resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. 

The BFEs and modified BFEs are 

made final in the communities listed 

below. Elevations at selected locations 

in each community are shown. 

National Environmental Policy Act. 

This final 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. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final 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 

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. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

State City/town/county Source of flooding Location 

# Depth in feet 

above ground. 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) Modified 

Town of North Canaan, Connecticut 

Docket No.: FEMA–B–7472 

Connecticut Town of North Canaan Blackberry River ............... Approximately 700 feet downstream of 

Route 44.

+656 

Approximately 1,050 feet upstream of 

Route 7.

+672 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

Maps are available for inspection at Town Hall, 100 Pease Street, Canaan, Connecticut 06018. 


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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 33369 

State City/town/county Source of flooding Location 

* Elevation in feet 

(NGVD) 

+Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Town of Van Buren, Maine 

Docket No.: FEMA–B–7708 

Maine ............................ Town of Van Buren ...... Violette Brook ................... At confluence of Violette Stream .............. +468 

Just upstream of Castonguay Road ......... +530 

Approximately 2,500 feet upstream of private road at the Corporate Limits.+608 

Maine ............................ Town of Van Buren ...... Violette Stream ................. At Bangor and Aroostook Railroad ........... +451 

At confluence of Violette Brook ................ +468 

Approximately 1,000 feet upstream of 

Champlain Street.

+483 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Town of Van Buren 

Maps are available for inspection at 51 Main Street, Suite 101, Van Buren, ME 04785. 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Village of Cambridge, New York 

Docket No.: FEMA–B–7711 

Cambridge Creek ...................... Confluence with Owl Kill ..................................................... +477 Village of Cambridge. 

Approximately 3,000 feet upstream of State Route 372 .... +508 

Owl Kill ...................................... Approximately 850 feet upstream of County Route 71 ...... +466 Village of Cambridge. 

Approximately 1,000 feet upstream of N. Park Street ........ +493 

White Creek .............................. Corporate limits of Village of Cambridge ............................ +493 Village of Cambridge. 

Approximately 150 feet downstream of corporate limits of 

Village of Cambridge.

+523 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Village of Cambridge 

Maps are available for inspection at 23 West Main Street, Cambridge, NY 12819. 

Grand County, Colorado and Incorporated Areas 

Docket No.: FEMA–B–7705 

Fraser River .............................. Approximately 1,700 ft upstream of the intersection with 

State Highway 8.

+8550 Town of Fraser, Grand 

County, (Unincorporated 

Areas). 

Approximately 2,445 ft downstream of the confluence with 

Leland Creek.

+8628 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Town of Fraser 

Maps are available for inspection at 153 Fraser Avenue, Fraser, CO 80442. 

Grand County (Unincorporated Areas) 

Maps are available for inspection at 308 Byers Avenue, Hot Sulphur Springs, CO 80451. 


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33370 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Edwards County, Kansas and Incorporated Areas 

Docket No.: FEMA–B–7705 

Arkansas River ......................... At U.S. Highway 50 ............................................................. +2160 Edwards County 

Approximately 2 miles upstream of Old U.S. Highway 183 +2187 (Unincorporated Areas). 

Big Coon Creek ........................ At U.S. Highway 50 ............................................................. +2164 Edwards County (Unincorporated Areas), City of 

Kinsley. 

At Colony Avenue ............................................................... +2172 

Approximately 1 mile upstream of Winchester Avenue ...... +2179 

Little Coon Creek ...................... At Winchester Avenue ......................................................... +2169 Edwards County (Unincorporated Areas). 

Approximately 2 miles upstream of County Road 13 ......... +2183 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Edwards County (Unincorporated Areas) 

Maps are available for inspection at the County Clerk’s Office, 312 Massachusetts Avenue, Kinsley, KS 67547. 

City of Kinsley 

Maps are available for inspection at City Hall, 721 Marsh, Kinsley, KS 67547. 

Dodge County, Nebraska and Incorporated Areas 

Docket No.: FEMA–B–7705 

Platte River (levee failure) ........ At Downing Street, south of Union Pacific Railroad ........... +1188 City of Fremont, City of

Inglewood, City of North 

Bend, Unincorporated 

Areas of Dodge County. 

At U.S. Highway 77 ............................................................. +1197 

Approximately 1 mile downstream of State Highway 79 .... +1268 

1279 

South of U.S. Highway 30 at County Road 5 ..................... +1287 

Platte River (levee) ................... Approximately 1⁄2 mile downstream of Burlington Northern 

Railroad.

+1195 City of Fremont, City of 

Inglewood, City of North 

Bend, Dodge County (Unincorporated Areas). 

At U.S. Highway 77 ............................................................. +1201 

At County Road 19, south of Union Pacific Railroad ......... +1216 

Approximately 1 mile downstream of State Highway 79 .... +1272 

Approximately 1 mile upstream of State Highway 79 ......... +1285 

South of Union Pacific Railroad, just upstream of County 

Road 3.

+1300 

Platte River Overflow ................ Just north of 23rd Street, west of Burlington Northern 

Railroad.

#2 City of Fremont, City of 

Inglewood, City of North 

Bend, Dodge County (Unincorporated Areas). 

At the intersection of County Road 5 and County Road S #2 

Between U.S. Highway 275 and Old Highway 8 ................ #2 

East of Burlington Northern Railroad and north of U.S. 

Highway 30/Highway 275.

#2 

Between U.S. Highway 30 and Burlington Northern Railroad, north of Rawhide Creek.#2 

U.S. Highway 77, north of U.S. Highway 30/Highway 275 +1197 

At County Road 19, north of U.S. Highway 30 ................... +1212 

At the intersection of County Road 17 and County Road T +1222 

At County Road 11, north of U.S. Highway 30 ................... +1255 

At Cottonwood Street, north of U.S. Highway 30 ............... +1276 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Inglewood 

Maps are available for inspection at the Inglewood Village Office, 445 Boulevard Street, Fremont, NE 68025. 


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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 33371 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

City of North Bend 

Maps are available for inspection at City Hall, North Bend, NE 68649. 

Dodge County (Unincorporated Areas) 

Maps are available for inspection at Dodge County Zoning Office, 435 N. Park, Fremont, NE 68025. 

Cooke County, Texas and Incorporated Areas 

Docket No.: FEMA–B–7705 

Indian Creek East Lower Reach At confluence with Lake Ray Roberts ................................. +645 Cooke County (Unincorporated Areas). 

At Lake Kiowa Dam ............................................................ +705 

Indian Creek East Tributary 1 .. At the confluence with Indian Creek East ........................... +645 Cooke County (Unincorporated Areas). 

Approximately 1,000 feet upstream .................................... +693 

Indian Creek East Tributary 2 .. At the confluence with Indian Creek East Lower Reach .... +663 Cook County (Unincorporated Areas). 

Approximately 1,000 feet downstream from FM Road 

3496.

+724 

Indian Creek Upper Reach ....... At confluence with Lake Kiowa ........................................... +705 Cooke County (Unincorporated Areas). 

Approximately 2500 feet upstream from confluence with 

Lake Kiowa.

+718 

Lake Kiowa ............................... Lake Kiowa .......................................................................... +705 Cooke County (Unincorporated Areas). 

Lake Ray Roberts ..................... Lake Ray Roberts ............................................................... +645 Cooke County. (Unincorporated Areas). 

Pecan Creek North ................... Approximately 4,000 feet downstream from FM Road 

2071.

+703 Cooke County (Unincorporated Areas). 

Approximately 2,000 feet upstream from I–35 .................... +783 

Pecan Creek South .................. At the Confluence with Lake Ray Roberts .......................... +645 City of Valley View, Cooke 

County (Unincorporated 

Areas). 

Approximately 750 feet upstream from FM Road 922 ....... +712 

Pecan Creet South Tributary 1 At the Confluence with Pecan Creek South ....................... +646 Cooke County (Unincorporated Areas). 

At intersection with FM Road 922 ....................................... +687 

Persimmon Creek ..................... At confluence with Elm Fork Trinity River ........................... +645 Cooke County (Unincorporated Areas). 

Approximately 2,000 feet upstream from North Shore 

Drive.

+700 

Persimmon Creek Tributary 1 .. At confluence with Persimmon Creek (Pioneer Valley 

Lake).

+664 Cooke County (Unincorporated Areas). 

Approximately 2,000 feet upstream from confluence with 

Persimmon Creek (Pioneer Valley Lake).

+689 

Persimmon Creek Tributary 2 .. Confluence with Persimmon Creek (Pioneer Valley Lake) +664 Cooke County (Unincorporated Areas). 

Approximately 1,500 feet upstream from confluence with 

Persimmon Creek (Pioneer Valley Lake).

+667 

Persimmon Creek Tributary 3 .. At confluence with Persimmon Creek ................................. +678 Cooke County (Unincorporated Areas). 

Approximately 1,500 feet upstream from the confluence 

with Persimmon Creek.

+697 

Pond Creek ............................... Approximately 1,000 feet downstream from confluence 

with Pond Creek Tributary 2 (County Border).

+646 Cooke County (Unincorporated Areas). 

Approximately 1,000 feet downstream from Rail Road 

(County Border).

+674 

Pond Creek Tributary 1 ............ At the confluence with Pond Creek .................................... +646 Cooke County (Unincorporated Areas). 

Approximately 1,200 feet upstream from I–35 .................... +705 

Pond Creek Tributary 2 ............ At the confluence with Pond Creek Tributary ..................... +675 Cooke County (Unincorporated Areas). 

Approximately 1,000 feet upsteam from I–35 ..................... +702 

Tributary Kiowa 1 ...................... Confluence with Lake Kiowa ............................................... +705 Cooke County (Unincorporated Areas). 

Approximately 1,200 feet upstream from confluence with 

Lake Kiowa.

+713 


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33372 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Tributary Kiowa ......................... At confluence with Lake Kiowa ........................................... +705 Cooke County (Unincorporated Areas). 

Approximately 2,500 feet upstream from confluence with 

Lake Kiowa.

+723 

Wolf Creek ................................ At the confluence with Lake Ray Roberts .......................... +645 Cooke County (Unincorporated Areas). 

Approximately 1,000 feet upstream from FM 295 .............. +746 

Wolf Creek Tributary 1 ............. At the confluence with Wolf Creek ...................................... +681 Cooke County (Unincorporated Areas). 

Approximately 2,700 feet upstream from confluence with 

Wolf Creek.

+709 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Valley View 

Maps are available for inspection at 100 South Dixon, Gainesville, TX 76240. 

Cooke County (Unincorporated Areas) 

Maps are available for inspection at 100 South Dixon, Gainesville, TX 76240. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: June 29, 2009. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–16519 Filed 7–10–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 071106669–81372–03] 

RIN 0648–AU26 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fishery; 

Amendment 12 to the Coastal Pelagic 

Species Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule 

SUMMARY: NMFS issues this final rule to 

implement Amendment 12 to the 

Coastal Pelagic Species (CPS) Fishery 

Management Plan (FMP) which would 

provide protection for all species of krill 

off the West Coast (i.e., California, 

Oregon and Washington). This rule 

would prohibit the harvest of all species 

of krill by any fishing vessel operating 

in the Exclusive Economic Zone (EEZ) 

off the West Coast, and would also deny 

the use of exempted fishing permits to 

allow krill fishing. 

DATES: Effective August 12, 2009. 

ADDRESSES: Copies of Amendment 12, 

which includes an Environmental 

Assessment/Initial Regulatory 

Flexibility Analysis/Regulatory Impact 

Review, are available from Rodney R. 

McInnis, Regional Administrator, 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach,CA 

90802. 

FOR FURTHER INFORMATION CONTACT: 

Joshua B. Lindsay, Sustainable Fisheries 

Division, NMFS, at 562–980–4034 or 

Mike Burner, Pacific Fishery 

Management Council, at 503–820–2280. 

SUPPLEMENTARY INFORMATION: The CPS 

fishery in the EEZ off the West Coast is 

managed under the CPS FMP, which 

was developed by the Pacific Fishery 

Management Council (Council) 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The CPS 

FMP was approved by the Secretary of 

Commerce on June 10, 1999, and was 

implemented by a final rule (64 FR 

69888, December 15, 1999) that was 

codified at 50 CFR part 660, subpart I. 

Amendment 12, which was approved 

by the Secretary of Commerce on May 

25, 2007, added all species of krill as a 

management unit species under the CPS 

FMP and placed krill under a newly 

established ‘‘prohibited harvest species’’ 

category. This new category differs from 

the existing ‘‘prohibited species’’ 

definition in the FMP because 

‘‘prohibited harvest species’’ may not be 

taken by any fishery or gear type in the 

U.S. EEZ. In contrast, ‘‘prohibited 

species’’ may not be taken and retained 

incidentally by CPS fishery participants, 

but are legally harvested under 

provisions in Federal regulations 

implementing other Council FMPs. 

As the principal food source for many 

fish and non-fish species, krill are a 

critical component of the marine 

ecosystem. Off the West Coast krill are 

important prey for a variety of fish 

species, including several overfished 

groundfish species, salmon and Pacific 

whiting. Krill are also a principal food 

source for many species of marine 

mammals and seabirds, some of which 

are listed as threatened or endangered 

under the Endangered Species Act and 

warrant special efforts for protection 

and recovery. Although there is no 

indication that the status of the krill 

resource has contributed to the 

overfished, endangered, or threatened 

status of these species, protecting krill 

will help to maintain these important 

ecological relationships and to ensure 

the long-term health and productivity of 

the West Coast ecosystem. Amendment 

12 incorporates ecosystem conservation 

principles into fishery management 

programs by protecting, to the extent 


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