Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations 34697 

§ ___.3 Applicability and scope. 

* * * * * 

(b) * * * 

(5) Southeastern Alaska—Makhnati 

Island Area: Land and waters beginning 

at the southern point of Fruit Island, 

57°02′35′′ north latitude, 135°21′07′′ 

west longitude as shown on United 

States Coast and Geodetic Survey Chart 

No. 8244, May 21, 1941; from the point 

of beginning, by metes and bounds; S. 

58° W., 2,500 feet, to the southern point 

of Nepovorotni Rocks; S. 83° W., 5,600 

feet, on a line passing through the 

southern point of a small island lying 

about 150 feet south of Makhnati Island; 

N. 6° W., 4,200 feet, on a line passing 

through the western point of a small 

island lying about 150 feet west of 

Makhnati Island, to the northwestern 

point of Signal Island; N. 24° E., 3,000 

feet, to a point, 57°03′15′′ north latitude, 

134°23′07′′ west longitude; East, 2,900 

feet, to a point in course No. 45 in 

meanders of U.S. Survey No. 1496, on 

west side of Japonski Island; 

southeasterly, with the meanders of 

Japonski Island, U.S. Survey No. 1,496 

to angle point No. 35, on the 

southwestern point of Japonski Island; 

S. 60° E., 3,300 feet, along the boundary 

line of Naval reservation described in 

Executive Order No. 8216, July 25, 1939, 

to the point beginning, and that part of 

Sitka Bay lying south of Japonski Island 

and west of the main channel, but not 

including Aleutski Island as revoked in 

Public Land Order 925, October 27, 

1953, described by metes and bounds as 

follows: Beginning at the southeast 

point of Japonski Island at angle point 

No. 7 of the meanders of U.S. Survey 

No. 1496; thence east approximately 

12.00 chains to the center of the main 

channel; thence S. 45° E. along the main 

channel approximately 20.00 chains; 

thence S. 45° W. approximately 9.00 

chains to the southeastern point of 

Aleutski Island; thence S. 79° W. 

approximately 40.00 chains to the 

southern point of Fruit Island; thence N. 

60° W. approximately 50.00 chains to 

the southwestern point of Japonski 

Island at angle point No. 35 of U.S. 

Survey No 1496; thence easterly with 

the meanders of Japonski Island to the 

point of beginning including Charcoal, 

Harbor, Alice, Love, Fruit islands and a 

number of smaller unnamed islands. 

* * * * * 

Dated: July 2, 2009. 

Ken Salazar, 

Secretary of the Interior, Department of the 

Interior. 

Dated: June 1, 2009. 

Dennis E. Bschor, 

Regional Forester, USDA-Forest Service. 

[FR Doc. E9–17052 Filed 7–16–09; 8:45 am] 

BILLING CODE 3410–11–P, 4310–55–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020] 

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 

in 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 Branch, 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 Assistant 

Administrator of the Mitigation 

Directorate 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: 


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34698 Federal Register / Vol. 74, No. 136 / Friday, July 17, 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 

Brown County, Illinois, and Incorporated Areas 

Docket No.: FEMA–B1007 

Illinois River .............................. From the limit of flooding affecting community at river mile 

71.3 in Pike County; 0.7 mile downstream of the Pike/ 

Brown County border at approximately State Hwy 104.

+448 Unincorporated Areas of 

Brown County. 

To the Schuyler/Morgan County border at River Mile 83.8; 

approximately the mouth of the La Moine River.

+450 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Unincorporated Areas of Brown County 

Maps are available for inspection at the Brown County Courthouse, 200 West Court Street, Mt. Sterling, IL 62353. 

Hancock County, Illinois, and Incorporated Areas 

Docket No.: FEMA–B–1012 

Mississippi River ....................... From the Hancock/Adams County boundary at River Mile 

347.4; approximately 4 miles upstream of Lock and 

Dam No. 20.

+494 Unincorporated Areas of 

Hancock County, City of 

Dallas City, City of Hamilton, City of Nauvoo, City 

of Warsaw, Village of 

Pontoosuc. 

To the Hancock/Henderson county boundary at River Mile 

390.85, approximately Oak Street in Dallas City.

+529 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Dallas City 

Maps are available for inspection at 261 Oak Street, P.O. Box 454, Dallas City, IL 62330. 

City of Hamilton 

Maps are available for inspection at Hamilton City Hall, 1010 Broadway Street, Hamilton, IL 62341. 

City of Nauvoo 

Maps are available for inspection at 60 North Bluff Street, P.O. Box 85, Nauvoo, IL 62354. 

City of Warsaw 

Maps are available for inspection at 210 North Fourth Street, P.O. Box 12, Warsaw, IL 62379. 

Unincorporated Areas of Hancock County 

Maps are available for inspection at 500 Main Street, P.O. Box 444, Carthage, IL 62321. 

Village of Pontoosuc 

Maps are available for inspection at Pontoosuc Village Hall, 200 Mustard Street, Pontoosuc, IL 62368. 

Hancock County, Mississippi, and Incorporated Areas 

Docket No.: FEMA–B–7756 

Bayou Coco .............................. Approximately 300 feet upstream of Sam Farve Road ...... +17 Unincorporated Areas of 

Hancock County. 

Just downstream of Cuevas Road ...................................... +38 

Bayou Coco Tributary 1 ............ At the confluence with Bayou Coco .................................... +26 Unincorporated Areas of 

Hancock County. 

Approximately 6,500 feet upstream of the confluence with 

Bayou Coco.

+55 

Bayou La Terre ......................... Approximately 3,100 feet upstream of Kiln Delisle Road ... +17 Unincorporated Areas of 

Hancock County. 

Approximately 8,976 feet upstream of Kiln Delisle Road ... +21 

Bayou Lasalle ........................... Approximately 2,000 feet upstream of Kiln Delisle Road ... +17 Unincorporated Areas of 

Hancock County. 

Approximately 2,100 feet downstream of confluence with 

Bayou LaSalle Tributary 1.

+21 

Bayou Talla ............................... Approximately 1,300 feet downstream of confluence with 

Bayou Talla Tributary 3.

+17 Unincorporated Areas of 

Hancock County. 

Just downstream of Kiln Picayune Road ............................ +25 

Bayou Talla Tributary 3 ............ At the confluence with Bayou Talla .................................... +19 Unincorporated Areas of 

Hancock County. 


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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations 34699 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities 

affected 

Approximately 2,300 feet upstream of the confluence with 

Bayou Talla.

+28 

Catahoula Creek ....................... At the confluence with Jourdan River ................................. +18 Unincorporated Areas of 

Hancock County. 

Approximately 3,100 feet downstream of Mitchell Road .... +47 

Dead Tiger Creek ..................... At the confluence with Catahoula Creek ............................ +27 Unincorporated Areas of 

Hancock County. 

Just downstream of Flat Top Road ..................................... +34 

Hickory Creek ........................... At the confluence with Catahoula Creek ............................ +45 Unincorporated Areas of 

Hancock County. 

Approximately 450 feet downstream of the confluence 

with Crane Pond Branch.

+50 

Hickory Creek Tributary 1 ......... Approximately 2,500 feet upstream of the confluence with 

Hickory Creek.

+81 Unincorporated Areas of 

Hancock County. 

Approximately 7,500 feet upstream of the confluence with 

Hickory Creek.

+113 

Jourdan River ........................... Approximately 10,560 feet downstream of confluence with 

Bayou Bacon.

+16 Unincorporated Areas of 

Hancock County. 

At the confluence with Bayou Bacon .................................. +18 

Mississippi Sound/Gulf of Mexico.Near the intersection of Beach Boulevard and Lafitte 

Drive.

+18 Unincorporated Areas of 

Hancock County, City of 

Bay St. Louis, City of 

Waveland. 

Near the intersection of Hancock Street and St. Charles 

Street.

+27 

Pearl River/Mississippi Sound .. Just west of the intersection of State Highway 607 and 

Old Highway 43.

+12 Unincorporated Areas of 

Hancock County. 

South of La France Road at railroad along coastline ......... +25 

St. Louis Bay/Bayou La Croix/ 

Bayou Philip/Jourdan River.

Approximately 15,840 feet east of intersection of Interstate 10 and State Highway 607.+9 Unincorporated Areas of 

Hancock County, City of 

Bay St. Louis, City of 

Waveland. 

Eastern county boundary south of Interstate 10 ................. +26 

Stall Branch .............................. At the confluence with Dead Tiger Creek ........................... +30 Unincorporated Areas of 

Hancock County. 

Approximately 14,600 feet upstream of the confluence 

with Dead Tiger Creek.

+42 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Bay St. Louis 

Maps are available for inspection at the Courthouse, 688 Highway 90, Bay St. Louis, MS 39520. 

City of Waveland 

Maps are available for inspection at the Permit Department, 335 Coleman Avenue, Building 5, Waveland, MS 39576. 

Unincorporated Areas of Hancock County 

Maps are available for inspection at the Building Department, 3068 Longfellow Drive, Building 6, Bay St. Louis, MS 39520. 

Halifax County, Virginia and Incorporated Areas 

Docket No.: FEMA–B–1009 

Reedy Creek ............................. Approximately 1,400 feet downstream of Ash Avenue ....... +331 Unincorporated Areas of 

Halifax County. 

At confluence with Dan River .............................................. +331 

Rocky Branch ........................... At confluence with Reedy Creek ......................................... +331 Unincorporated Areas of 

Halifax County. 

Approximately 0.4 mile upstream of Eastover Road .......... +346 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Unincorporated Areas of Halifax County 

Maps are available for inspection at the Halifax County GIS Department, 134 South Main Street, Halifax, Virginia. 


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34700 Federal Register / Vol. 74, No. 136 / Friday, July 17, 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. E9–17108 Filed 7–16–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 0812171612–9134–02] 

RIN 0648–XQ35 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific sardine off the coast 

of Washington, Oregon and California. 

This action is necessary because the 

directed harvest allocation total for the 

second seasonal period (July 1– 

September 14) is projected to be reached 

by the effective date of the rule. From 

the effective date of this rule until 

September 15, 2009, Pacific sardine can 

only be harvested as part of the live bait 

fishery or incidental to other fisheries; 

the incidental harvest of Pacific sardine 

is limited to 20–percent by weight of all 

fish per trip. Fishing vessels must be at 

shore and in the process of offloading at 

12:01 am Pacific Daylight Time on date 

of closure. 

DATES: Effective 12:01 am Pacific 

Daylight Time (PDT) July 18, 2009, 

through September 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: This 

notice announces that based on the best 

available information recently obtained 

from the fishery, the directed fishing 

harvest allocation for the second 

allocation period (July 1–September 14) 

will be reached and therefore directed 

fishing for Pacific sardine is now closed 

until September 15, 2009. Fishing 

vessels must be at shore and in the 

process of offloading at the time of 

closure. From 12:01 am on the date of 

closure until September 15, 2009, 

Pacific sardine may be harvested only 

incidental to other fisheries, with the 

incidental harvest of Pacific sardine 

limited to 20-percent by weight of all 

fish caught during a trip. 

NMFS manages the Pacific sardine 

fishery in the U.S. exclusive economic 

zone (EEZ) off the Pacific coast 

(California, Oregon, and Washington) in 

accordance with the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP). Annual specifications published 

in the Federal Register establish the 

harvest guideline (HG) and allowable 

harvest levels for each Pacific sardine 

fishing season (January 1–December 31). 

The acceptable biological catch (ABC) or 

maximum HG for the 2009 Pacific 

sardine fishing season (January 1, 2009– 

December 31, 2009) is 66,932 mt and 

was divided into a directed harvest 

fishery of 58,032 mt, an incidental 

fishery of 6,500 mt and an exempted 

fishing permit set-aside of 2,400 mt. The 

directed and incidental harvest amounts 

were subdivided throughout the year in 

the following way: January 1–June 30, 

22,006 mt was allocated for directed 

harvest with an incidental set-aside of 

1,000 mt; July 1–September 14, 24,543 

mt plus any portion not harvested from 

the initial allocation was allocated for 

directed harvest with an incidental setaside of 1,000 mt; September 15– 

December 31, 11,483 mt plus any 

portion not harvested from earlier 

allocations was allocated for directed 

harvest with an incidental set-aside of 

4,500 mt. See, 74 FR 7826 (February 

20,2009) as adjusted by 74 FR 31199 

(June 30, 2009). 

If during any of the seasonal 

allocation periods the applicable 

adjusted directed harvest allocation is 

projected to be taken, only incidental 

harvest is allowed and, for the 

remainder of the period, any incidental 

Pacific sardine landings will be counted 

against that period’s incidental set 

aside. In the event that an incidental setaside is projected to be attained, all 

fisheries will be closed to the retention 

of Pacific sardine for the remainder of 

the period via appropriate rulemaking. 

Under 50 CFR 660.509 if the total HG 

or these apportionment levels for Pacific 

sardine are reached at any time, NMFS 

is required to close the Pacific sardine 

fishery via appropriate rulemaking and 

it is to remain closed until it re-opens 

either per the allocation scheme or the 

beginning of the next fishing season. In 

accordance with § 660.509 the Regional 

Administrator shall publish a notice in 

the Federal Register the date of the 

closure of the directed fishery for Pacific 

sardine. 

The above in-season harvest 

restrictions are not intended to affect the 

prosecution the live bait portion of the 

Pacific sardine fishery. 

Classification 

This action is required by 50 CFR 

660.509 and is exempt from Office of 

Management and Budget review under 

Executive Order 12866. 

NMFS finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) for the closure of the 

July 1–September 14 directed harvest of 

Pacific sardine. For the reasons set forth 

below, notice and comment procedures 

are impracticable and contrary to the 

public interest. For the same reasons, 

NMFS also finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effectiveness for this action. 

This measure responds to the best 

available information and is necessary 

for the conservation and management of 

the Pacific sardine resource. A delay in 

effectiveness would cause the fishery to 

exceed the in-season harvest level. 

These seasonal harvest levels are 

important mechanisms in preventing 

overfishing and managing the fishery at 

optimum yield. The established directed 

and incidental harvest allocations are 

designed to allow fair and equitable 

opportunity to the resource by all 

sectors of the Pacific sardine fishery and 

to allow access to other profitable CPS 

fisheries, such as squid and Pacific 

mackerel. Many of the same fishermen 

who harvest Pacific sardine rely on 

these other fisheries for a significant 

portion of their income. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 15, 2009 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17186 Filed 7–15–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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