Served: April 18, 2006

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 18th of April, 2006

Essential Air Service at

ADAK,

ATKA, and

NIKOLSKI, ALASKA

Under 49 U.S.C. 41731 et seq.

Docket OST-2000-8556, and

Docket OST-1995-363

				PROCEDURAL NOTICE

By letter dated April 11, 2006, we requested comments by April 21 regarding the essential air service carrier selection at Adak, Atka, and Nikolski, Alaska.  On April 17, the State of Alaska requested an extension until May 1, 2006.  We hereby grant that request, and extend the deadline for comments to May 1, 2006.

TODD M. HOMAN

Acting Director

Office of Aviation Analysis

-  PAGE 2  -


[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69307-69311]
[FR Doc No: 2020-22646]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 152

[EPA-HQ-OPP-2019-0701; FRL-10009-24]
RIN 2070-AK56

Pesticides; Proposal To Add Chitosan to the List of Active
Ingredients Permitted in Exempted Minimum Risk Pesticide Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to add
the substance commonly referred to as chitosan (also known by its
chemical name: poly-D-glucosamine) (CAS Reg. No. 9012-76-4) to the list
of active ingredients allowed in minimum risk pesticide products exempt
from registration and other requirements of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). Tidal Vision Products, LLC
submitted a petition to EPA requesting that chitosan be added to both
the lists of active and inert ingredients allowed in exempted minimum
risk pesticide products. At this time, EPA is deferring a decision on
whether to add chitosan to the list of allowable inert ingredients.

DATES: Comments must be received on or before January 4, 2021.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number EPA-HQ-OPP-2019-0701, through the Federal
eRulemaking Portal at http://www.regulations.gov. Follow the online
instructions for submitting comments. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
    Please note that due to the public health emergency the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anne Overstreet, Deputy Director,
Biopesticides and Pollution Prevention Division (7511P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; main telephone number: (703) 305-
7090; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
distribute, sell, or use minimum risk pesticide products. Minimum risk
pesticide products are exempt from registration and other FIFRA
requirements and are described in 40 CFR 152.25(f). The following list
of North American Industrial Classification System (NAICS) codes is not
intended to be exhaustive, but rather provides a guide to help readers
determine whether this document applies to them. Potentially affected
entities may include:
     Pesticide and other agricultural chemical manufacturers
(NAICS codes 325320 and 325311), as well as other manufacturers in
similar industries such as animal feed (NAICS code 311119), cosmetics
(NAICS code 325620), and

soap and detergents (NAICS code 325611).
     Manufacturers who may also be distributors of these
products, including farm supplies merchant wholesalers (NAICS code
424910), drug and druggists merchant wholesalers (NAICS code 424210.
     Retailers of minimum risk pesticide products (some of who
may also be manufacturers), including nursery, garden center, and farm
supply stores (NAICS code 444220); outdoor power equipment stores
(NAICS code 444210); and supermarkets (NAICS code 445110).
     Users of minimum risk pesticide products, including the
public in general, exterminating and pest control services (NAICS code
561710), landscaping services (NAICS code 561730), sports and
recreation institutions (NAICS code 611620), and child daycare services
(NAICS code 624410). Many of these entities also manufacture minimum
risk pesticide products.

B. What action is the Agency taking?

    EPA is proposing to add the substance commonly referred to as
chitosan (also known by its chemical name poly-D-glucosamine) (CAS Reg.
No. 9012-76-4) to the list of active ingredients allowed in minimum
risk pesticide products exempt from registration and other requirements
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7
U.S.C. 136 et seq.

C. What is EPA's authority for taking this action?

    This action is issued under the authority of FIFRA, 7 U.S.C. 136 et
seq., particularly FIFRA sections 3 and 25.

D. Why is EPA taking this action?

    EPA may exempt from the requirements of FIFRA any pesticide that is
``. . . of a character which is unnecessary to be subject to [FIFRA]''
(FIFRA section 25(b). Pursuant to this authority, EPA has exempted from
the pesticide registration and requirements of FIFRA certain pesticide
products if they are composed of specified ingredients (recognized
active and inert substances which are listed in the regulations (40 CFR
part 152)) and labeled according to EPA's regulations in 40 CFR
152.25(f). EPA created the exemption for minimum risk pesticides to
eliminate the need for the Agency to expend significant resources to
regulate products that were deemed to be of minimum risk to human
health and the environment.

E. What are the estimated incremental impacts of the proposal?

    EPA has evaluated the potential incremental impacts of this
proposed exemption in the document entitled ``Cost Analysis of the
Proposed Modification to the Minimum Risk Pesticide Listing Program.
Prepared by Biological and Economic Analysis Division, Office of
Pesticide Programs'' (Ref. 1), which is available in the docket and is
briefly summarized here.
    Without this exemption, the petitioner would be required to
register the chitosan product(s) as a pesticide under FIFRA. This could
entail generating supporting data, incurring submission costs, and
paying registration fees. In addition, the petitioner could incur
annual maintenance fees on the registrations. EPA estimates the cost
savings of listing chitosan as an active ingredient that can be used in
minimum risk pesticide products under 40 CFR 152.25(f) to be between
$53,000 and $116,000 initially and about $3,400 per year thereafter for
each pesticide product registered containing chitosan as explained in
the following paragraph.
    EPA has previously estimated the costs of guideline studies (Ref.
2) and registration fees (Ref. 3) are available on EPA's website. EPA
estimates the cost of submitting an application for a product
registration to be about $1,300 (Ref. 4). For a new product, data
generation costs could be as much as $109,000 and fees would be $5,363;
including submission costs, the petitioner could avoid registration
costs of nearly $116,000. For products that are substantially similar
to existing registered products, data generation costs could be around
$51,000 with fees of $1,342; including submission costs, the petitioner
could avoid registration costs of about $53,000. (Ref. 1). Tidal Vision
Products, LLC, indicated in its petition that it plans to register six
chitosan pesticide products. Assuming the six products meet all the
criteria for exemption (exempt products must only contain substance
listed in 40 CFR 152.25(f), list all ingredients on the label, and may
not make any claims to control public health pests), EPA estimates the
total savings to be between $318,000 and $696,000 initially and about
$20,000 per year thereafter in maintenance fees. There may be
additional savings if production establishments and production levels
do not have to be registered or reported under FIFRA section 7. The
magnitude of savings depends, in part, on whether Tidal Vision, LLC.,
would normally be eligible for reductions in fees that are available to
a small business. (Ref.1)
    For EPA, this action may reduce the Agency's level-of-effort that
would otherwise be spent on registering pesticide products with little
risk. However, PRIA fees are meant to support the Agency's work, so
this action has negligible impact on overall resources. The impact on
State regulatory costs is uncertain, as States have wide variability in
how they regulate conventional pesticide products versus minimum risk
pesticide products; this Federal action, however, is unlikely to
significantly change how States register chitosan-containing pesticide
products.
    In the absence of an exemption, manufacturers may forego
development and production of chitosan-based products. Thus, the
exemption may ultimately benefit consumers who may see more of these
products available at lower costs. An analysis of the cost and savings
of adding chitosan to the list of active ingredients that can be used
in minimum risk pesticide products under 40 CFR 152.25(f) can be found
in the docket for this action.

F. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

    As authorized by FIFRA section 25(b), EPA has exempted from the
requirement of registration certain pesticide products if they are
composed of specified ingredients (recognized active and inert
substances which are listed in the regulations) and labeled according
to EPA's regulations in 40 CFR 152.25(f). EPA created the exemption for

minimum risk pesticides to eliminate the need for the Agency to expend
significant resources to regulate products that were deemed to be of
minimum risk to human health and the environment.
    Chitosan is a naturally occurring substance that is produced in
nature and is found in the cell walls of many fungi. Chitin and its
derivative chitosan also occur naturally in the shells of all
crustaceans (e.g., crab, shrimp, and lobster) and in the exoskeletons
of most insects. Microorganisms in nature produce enzymes that break
down chitosan, resulting in sugars that are metabolized as a carbon and
nitrogen source.
    On October 10, 2018, EPA received a petition from Tidal Vision
Products, LLC, requesting that the substance commonly known as chitosan
(also known by its chemical name poly-D-glucosamine) (CAS Reg. No.
9012-76-4) be added to the list of active ingredients allowed in
exempted minimum risk pesticide products under 40 CFR 152.25(f)(1).
(Ref. 5). Subsequently, on April 4, 2019, EPA received an amendment to
Tidal Vision Products, LLC's petition, requesting that chitosan also be
added to the list of inert ingredients allowed in exempted minimum risk
pesticide products under 40 CFR 152.25(f)(2). (Ref. 6)
    This proposed rule addresses the 2018 petition and EPA is currently
deferring a decision on the 2019 petition regarding whether to add
chitosan to the list of allowable inert ingredients.

III. Proposal To Add Chitosan To the Minimum Risk Active Ingredient
List

A. EPA's Decision on Tidal Vision Products, LLC's 2018 Petition

    EPA finds that Tidal Vision Products LLC's 2018 petition to add
chitosan to the list of active ingredients in 40 CFR 152.25(f)(1) has
merit. Therefore, the Agency is granting the 2018 petition and
proposing this rulemaking to add chitosan to the list of active
ingredients allowed in exempted minimum risk pesticide products in 40
CFR 152.25(f)(1). EPA has determined that there is sufficient
scientific evidence to support a conclusion of minimum risk for
chitosan.

B. EPA's Scientific Review Supporting Its Decision

    Based on all the information available to the Agency, there are low
risk concerns for human health or the environment if chitosan is
intended for use as a minimum risk pesticide. This conclusion is
supported by information in EPA's reviews of registered pesticide
products containing chitosan as an active ingredient. The conclusions
are documented in EPA's August 23, 2019, scientific review memorandum,
entitled ``Science review in support of the addition of Chitosan (Poly-
D-Glucosamine) to the list of minimum risk pesticides (MRPs) contained
in 40 CFR 152.25(f),'' (Ref. 7), the Chitin and Chitosan Summary
Document Registration Review: Initial Docket September 2007, (Ref. 8),
the Chitin and Chitosan Final Registration Review Decision Case 6063.
December 11, 2008, (Ref. 9) and in the Chitin and Chitosan Final Work
Plan Registration Review--Case 6063, January 2008, (Ref. 10).

IV. References

    The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the person
listed under FOR FURTHER INFORMATION CONTACT.
    1. EPA. ``Cost Analysis of the Proposed Modification to the Minimum
Risk Pesticide Listing Program.'' Prepared by Biological and Economic
Analysis Division, Office of Pesticide Programs, EPA. July 2020.
    2. EPA. ``Cost Estimates of Studies Required for Pesticide
Registration.'' 2018. Accessed on September 30, 2019 at https://www.epa.gov/pesticide-registration/cost-estimates-studies-required-pesticide-registration.
    3. EPA. ``PRIA Fee Category Table--Biopesticides Division--New
Products: Table 13''. 2019b. Accessed on October 4, 2019 at https://www.epa.gov/pria-fees/pria-fee-category-table-biopesticides-division-new-products.
    4. EPA. ``Application for New and Amended Pesticide Registration:
Supporting Statement for An Information Collection Request (ICR).''
2015. Accessed on October 16, 2019 at https://www.federalregister.gov/documents/2016/07/01/2016-15737/agency-information-collection-activities-information-collection-request-submitted-to-omb-for-review.
    5. 2018 Petition. Tidal Vision Products, LLC. Petition to list the
material Chitosan CAS# 9012-76-4 on the U.S. EPA FIFRA Minimum Risk
List 40 CFR 152.25(f). October 10, 2018.
    6. 2019 Petition (Amendment). Tidal Vision Products, LLC amendment
to add Chitosan to the Minimum Risk Pesticide Inert Ingredient List at
the same time as adding Chitosan to the Minimum Risk Pesticide Active
Ingredient List; Re: Petition to list the material Chitosan CAS# 9012-
76-4 on the U.S. EPA FIFRA Minimum Risk Pesticide List 40 CFR
152.25(f). April 4, 2019.
    7. EPA. Science review in support of the addition of Chitosan
(Poly-D-Glucosamine) to the list of minimum risk pesticides (MRPs)
contained in 40 CFR 152.25(f). August 23, 2019.
    8. EPA. Chitin and Chitosan Summary Document Registration Review:
Initial Docket September 2007. Submitted to Docket EPA-HQ-EPA-2006-
0566.
    9. EPA. Chitin and Chitosan Final Registration Review Decision Case
6063. Signed December 11, 2008. Submitted to Docket EPA-HQ-EPA-2007-
0566.
    10. EPA. Chitin and Chitosan Final Work Plan Registration Review--
Case 6063. January 2008. Submitted to Docket EPA-HQ-EPA-2007-0566.

V. FIFRA Review Requirements

    In accordance with FIFRA section 25(a), EPA submitted a draft of
this proposed rule to the United States Department of Agriculture
(USDA) and the FIFRA Scientific Advisory Panel (SAP) for review. A
draft of the proposed rule was also submitted to the appropriate
Congressional Committees.
    USDA responded without comments. The FIFRA SAP waived review of
this proposed rule, concluding that the proposed rule does not contain
scientific issues that warrant scientific review by the Panel.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review; and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory
action (82 FR 9339, February 3, 2017). Details on the estimated cost
savings of this proposed rule can be found in EPA's cost analysis (Ref.
1), which are briefly summarized in Unit I.E.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection
requirements that require additional review or approval by OMB under
the PRA, 44 U.S.C. 3501 et seq. The information collection activities
required under the proposed exemption are covered by the existing
Information Collection Request (ICR), entitled ``Labeling Requirements
for Certain Minimum Risk Pesticides under FIFRA Section 25(b)'' (OMB
Control No. 2070-0187; EPA ICR No. 2475.03). The existing ICR estimates
the burden of displaying mandatory active and inert ingredient and
producer information on the labels of minimum risk pesticide products.
To maintain exemption status, an exempt pesticide product must display
the following information on its label; the label display name and the
percentage (by weight) of all active ingredients, the label display
name of all inert ingredients, and the name of the producer or the
company for whom the product was produced, along with the producer/
company's contact information. Labels provide important regulatory
information for the Federal, State, and Tribal authorities that
regulate or enforce minimum risk pesticide products.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule.
    This proposal to add a substance to the list of active ingredients
allowed in exempted minimum risk pesticide products reduces existing
regulatory burden and will not have a significant economic impact on a
substantial number of small entities. The cost savings are summarized
in Unit I.E. We have therefore concluded that this action will relieve/
have no net regulatory burden for all directly regulated small
entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector Accordingly, this action is not subject to the
requirements of UMRA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government (Executive
Order 13132 (64 FR 43255, August 10, 1999).

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will
not have any effect on tribal governments, on the relationship between
the Federal government and the Indian tribes, or the distribution of
power and responsibilities between the Federal government and Indian
tribes. Currently, there are no known instances where a Tribal
government is the producer of a minimum risk pesticide product exempt
from regulation. Thus, Executive Order 13175 does not apply to this
action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that the EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because it does not
concern an environmental health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to this
proposed rule because it does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994), because it does not establish an
environmental health or safety standard. This rule proposes to add the
substance commonly referred to as chitosan the list of active
ingredients allowed in minimum risk pesticide products.

List of Subjects in 40 CFR Part 152

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting, and
recordkeeping requirements.

Andrew Wheeler,
Administrator.

    Therefore, for the reasons stated in the preamble, it is proposed
that 40 CFR chapter I be amended as follows:

Part 152--[Amended]

0
1. The authority citation for part 152 continues to read as follows:

    Authority: 7 U.S.C. 136-136y; Subpart U is also issued under 31
U.S.C. 9701.

0
2. In section 152.25 amend the table in paragraph (f)(1) by adding in
alphabetical order the entry for ``Chitosan, Poly-D-glucosamine (CAS
No. 9012-76-4)'' to the table to read as follows:

Sec.  152.25  Exemptions for pesticides of a character not requiring
FIFRA regulation.

* * * * *
    (f) * * *
    (1) * * *

                                           Table 1 of Paragraph (f)(1)
----------------------------------------------------------------------------------------------------------------
             Label display name                         Chemical name            Specifications       CAS No.
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Chitosan....................................  Poly-D-glucosamine..............  ................       9012-76-4

                                                  * * * * * * *
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* * * * *
[FR Doc. 2020-22646 Filed 10-30-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]
[Page 61754]
[DOCID:fr19oc06-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket Nos. ER06-1272-000; ER06-1272-001]

Reliant Energy Power Supply, LLC; Notice of Issuance of Order

October 13, 2006.
    Reliant Energy Power Supply, LLC (Reliant) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy,
capacity and ancillary services at market-based rates. Reliant also
requested waivers of various Commission regulations. In particular,
Reliant requested that the Commission grant blanket approval under 18
CFR part 34 of all future issuances of securities and assumptions of
liability by Reliant.
    On September 21, 2006, pursuant to delegated authority, the
Director, Division of Tariffs and Market Development--West, granted the
requests for blanket approval under part 34. The Director's order also
stated that the Commission would publish a separate notice in the
Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard or to protest
the blanket approvals of issuances of securities or assumptions of
liability by Reliant should file a motion to intervene or protest with
the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is November 13, 2006.
    Absent a request to be heard in opposition by the deadline above,
Reliant is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
Reliant, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Reliant's issuance of securities or assumptions
of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17488 Filed 10-18-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Proposed Rules]
[Page 47169-47179]
[DOCID:fr15se09-30]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1069]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 December 14, 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-1069, to
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
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.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation **          Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                          Fairbanks North Star Borough, Alaska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chena River.........................  Just upstream of                +431         +432  Fairbanks North Star
                                       University Avenue.                                 Borough.
                                      Approximately 4.0 miles         +431         +432
                                       downstream of Parks
                                       Highway.
Tanana River........................  Approximately 3.2 miles         None         +427  Fairbanks North Star
                                       downstream of the                                  Borough.
                                       confluence with the
                                       Chena River.
                                      Approximately 37.3              None         +609
                                       miles upstream of the
                                       confluence with the
                                       Chena River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Fairbanks North Star Borough
Maps are available for inspection at the Borough Administrative Center, 809 Pioneer Road, Fairbanks, AK 99701.
----------------------------------------------------------------------------------------------------------------
                                  Pima County, Arizona, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ponding Areas (AH Zones)............  Extensive ponding areas         None       +1,947  Town of Marana,
                                       north of I-10 Frontage                             Unincorporated Areas
                                       Road (northern wash                                of Pima County.
                                       lowest elevation)
                                       (FIRM panels affected:
                                       0420 and 1010).
                                      Extensive ponding areas         None       +1,952
                                       north of I-10 Frontage
                                       Road (northern wash
                                       highest elevation)
                                       (FIRM panels affected:
                                       0420 and 1010).
                                      Extensive ponding areas         None       +1,948
                                       north of I-10 Frontage
                                       Road (southern wash
                                       lowest elevation)
                                       (FIRM panels affected:
                                       1010, 1030, 1035,
                                       1045, 1065, and 1655).
                                      Extensive ponding areas         None       +2,184
                                       north of I-10 Frontage
                                       Road (southern wash
                                       highest elevation)
                                       (FIRM panels affected:
                                       1010, 1030, 1035,
                                       1045, 1065, and 1655).
Sheet Flow Areas (AO Zones).........  Extensive sheet flow            None   1  Town of Marana,
                                       areas in the vicinity                              Unincorporated Areas
                                       of Central Arizona                                 of Pima County.
                                       Project Canal (lowest
                                       depth) (FIRM panels
                                       affected: 0420, 0440,
                                       0445, 1010, 1030,
                                       1035, 1045, 1055,
                                       1060, 1065, 1070, and
                                       1655).
                                      Extensive sheet flow            None   4
                                       areas in the vicinity
                                       of Central Arizona
                                       Project Canal (highest
                                       depth) (FIRM panels
                                       affected: 0420, 0440,
                                       0445, 1010, 1030,
                                       1035, 1045, 1055,
                                       1060, 1065, 1070, and
                                       1655).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Marana
Maps are available for inspection at the Engineering Department, 11555 West Civic Center Drive, Marana, AZ
 85653.

                                       Unincorporated Areas of Pima County
Maps are available for inspection at the Pima County Flood Control District Offices, 97 East Congress Street,
 3rd Floor, Tucson, AZ 85701.
----------------------------------------------------------------------------------------------------------------
                              New Haven County, Connecticut, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bladens River (Upper Reach).........  At a point located              None         +230  Town of Seymour.
                                       approximately 2,053
                                       feet downstream of
                                       Bear Hill Road.
                                      At a point located              None         +231
                                       approximately 1,903
                                       feet downstream of
                                       Bear Hill Road.
Branford River (Lower Reach)........  At a point located              None          +31  Town of North Branford.
                                       approximately 0.51
                                       mile upstream of
                                       School Ground Road.
                                      At a point located              None          +32
                                       approximately 0.64
                                       mile upstream of
                                       School Ground Road.
Coginchaug River....................  At county boundary.....         None         +199  Town of Guilford.
                                      Approximately 26 feet           None         +199
                                       upstream of county
                                       boundary.
Cove River..........................  At a point located              None         +141  Town of Orange.
                                       approximately 0.44
                                       mile upstream of Fresh
                                       Meadow Road.
                                      At a point located              None         +146
                                       approximately 0.58
                                       mile upstream of Fresh
                                       Meadow Road.
Farm River..........................  At a point located               +11          +10  Town of East Haven,
                                       approximately 700 feet                             Town of Branford.
                                       downstream of West
                                       Main Road (U.S. Route
                                       1).
                                      At mouth of Farm River.          +14          +15
Housatonic River....................  At a point located               +15          +14  City of Milford.
                                       approximately 1.7
                                       miles upstream of
                                       Merritt Parkway.
                                      At a point located               +16          +14
                                       approximately 2.2
                                       miles upstream of
                                       Merrit Parkway.
Mad River (Lower reach).............  Approximately 73 feet           None         +461  City of Waterbury.
                                       upstream of Sharon
                                       Road.
                                      Approximately 800 feet          None         +461
                                       upstream of Sharon
                                       Road.
Naugatuck River.....................  At a point located               +44          +40  Town of Seymour.
                                       approximately 0.65
                                       miles downstream of
                                       Kinneytown Dam.
                                      At a point located               +44          +43
                                       approximately 0.53
                                       miles downstream of
                                       Kinneytown Dam.
Neck River..........................  Just downstream of Fort          +16          +15  Town of Madison, Town
                                       Path Road.                                         of Guilford.
                                      Approximately 0.8 mile          None         +143
                                       upstream of Blinn Shed
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Milford
Maps are available for inspection at the Planning and Zoning Office, 70 West River Street, Milford, CT 06460.

City of Waterbury
Maps are available for inspection at the Public Works Department, 26 Kendrick Avenue, 2nd Floor, Waterbury, CT
 06702.

Town of Branford
Maps are available for inspection at the Town Hall, 1019 Main Street, Branford, CT 06405.

Town of East Haven
Maps are available for inspection at the Engineering Office, 461 North High Street, East Haven, CT 06512.

Town of Guilford
Maps are available for inspection at the Guilford Town Hall South, 50 Boston Street, Guilford, CT 06437.

Town of Madison

Maps are available for inspection at the Town Hall, 8 Campus Drive, Madison, CT 06443.

Town of North Branford
Maps are available for inspection at the Town Hall, 909 Foxon Road, North Branford, CT 06471.

Town of Orange
Maps are available for inspection at the Town Hall, 617 Orange Center Road, Orange, CT 06477.

Town of Seymour
Maps are available for inspection at the Town Hall, One 1st Street, Seymour, CT 06483.
----------------------------------------------------------------------------------------------------------------
                               Jo Daviess County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River Backwater.........  Third Street Channel,           None         +610  City of East Dubuque.
                                       upstream side of the
                                       railroad.
                                      Approximately 200 feet          None         +610
                                       northwest of First
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of East Dubuque
Maps are available for inspection at City Hall, 303 Sinsinawa Avenue, East Dubuque, IL 61025.
----------------------------------------------------------------------------------------------------------------
                                    Polk County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Barrier Dam Pond....................  Entire shoreline.......         None         +846  Unincorporated Areas of
                                                                                Polk County, City of
                                                                                Polk.
Big Creek Lake......................  Entire shoreline.......         None         +926  Unincorporated Areas of
                                                                                Polk County.
Des Moines River....................  Approximately 1 mile            +782         +783  City of Des Moines,
                                       downstream of 45th                                 City of Pleasant Hill,
                                       Street crossing.                                   Unincorporated Areas
                                                                                of Polk County.
                                      At Interstate 80                +805         +806
                                       crossing.
Fourmile Creek......................  At the confluence with          +781         +782  City of Des Moines,
                                       the Des Moines River.                              City of Pleasant Hill,
                                                                                Unincorporated Areas
                                                                                of Polk County.
                                      Approximately 575 feet          +828         +829
                                       downstream of NE.,
                                       46th Avenue crossing.
Little Creek (Backwater from Big      Confluence with Big             None         +926  Unincorporated Areas of
 Creek Lake).                          Creek Lake.                                        Polk County.
                                      Approximately 0.53              None         +926
                                       miles downstream of
                                       146th Avenue.
Mosquito Creek (Backwater from        Confluence with                 None         +890  Unincorporated Areas of
 Saylorville Lake).                    Saylorville Lake.                                  Polk County.
                                      Approximately 0.55              None         +890
                                       miles above 128th
                                       Street.
Raccoon River.......................  At the confluence with          +795         +797  City of Des Moines,
                                       the Des Moines River.                              City of West Des
                                                                                Moines.
                                      At the City of Des              +813         +816
                                       Moines/City of West
                                       Des Moines boundary.
Saylorville Lake....................  Entire shoreline.......         None         +890  Unincorporated Areas of
                                                                                Polk County, City of
                                                                                Johnston.
Turkey Creek (Backwater from Big      Confluence with Big             None         +926  Unincorporated Areas of
 Creek Lake).                          Creek Lake.                                        Polk County.
                                      Approximately 1,000             None         +926
                                       feet upstream from
                                       confluence with Big
                                       Creek Lake.
Walnut Creek........................  Approximately 650 feet          +808         +810  City of Des Moines,
                                       downstream of 52nd                                 City of West Des
                                       Street crossing.                                   Moines, City of
                                                                                Windsor Heights.
                                      At Center Street                +824         +825
                                       crossing.
----------------------------------------------------------------------------------------------------------------

* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Des Moines
Maps are available for inspection at 400 Robert D. Ray Drive, Des Moines, IA 50309.

City of Johnston
Maps are available for inspection at 6221 Merle Hay Road, Johnston, IA 50131.

City of Pleasant Hill
Maps are available for inspection at 5160 Maple Drive, Pleasant Hill, IA 50327.

City of Polk
Maps are available for inspection at 112 3rd Street, Polk, IA 50226.

City of West Des Moines
Maps are available for inspection at 4200 Mills Civic Parkway, West Des Moines, IA 50265.

City of Windsor Heights
Maps are available for inspection at 1133 66th Street, Windsor Heights, IA 50311.

                                       Unincorporated Areas of Polk County
Maps are available for inspection at 111 Court Avenue, Des Moines, IA 50309.
----------------------------------------------------------------------------------------------------------------
                                Calloway County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Anderson Creek (Backwater effects     From confluence with            None         +375  Unincorporated Areas of
 from Kentucky Lake).                  Kentucky Lake to                                   Calloway County.
                                       approximately 0.7
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Bailey Hollow (Backwater effects      From confluence with            None         +375  Unincorporated Areas of
 from Kentucky Lake).                  Kentucky Lake to                                   Calloway County.
                                       approximately 0.5
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Bee Creek...........................  Just upstream of                None         +457  Unincorporated Areas of
                                       confluence with Clarks                             Calloway County, City
                                       River.                                             of Murray.
                                      Just downstream of              None         +463
                                       railroad.
Beechy Creek (Backwater effects from  From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Kentucky Lake to                                   Calloway County.
                                       approximately 1.5
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Blood River (Backwater effects from   From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Kentucky Lake to                                   Calloway County.
                                       approximately 2.8
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Blood River Tributary 1 (Backwater    From confluence with            None         +375  Unincorporated Areas of
 effects from Kentucky Lake).          Kentucky Lake to                                   Calloway County.
                                       approximately 0.7
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Blood River Tributary 5 (Backwater    From confluence with            None         +375  Unincorporated Areas of
 effects from Kentucky Lake).          Kentucky Lake to                                   Calloway County.
                                       approximately 0.6
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Brush Creek (Backwater effects from   From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Kentucky Lake to                                   Calloway County.
                                       approximately 0.4
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Clarks River........................  Approximately 0.75 mile         None         +437  Unincorporated Areas of
                                       upstream of confluence                             Calloway County, City
                                       with Clarks River                                  of Murray.
                                       Tributary 14.
                                      At confluence with East         None         +479
                                       and Middle Fork Clarks
                                       River.
Clayton Creek (Backwater effects      From confluence with            None         +468  Unincorporated Areas of
 from Clarks River).                   Clarks River to                                    Calloway County.
                                       approximately 0.7 mile
                                       upstream of confluence
                                       with Clarks River.
Dog Creek (Backwater effects from     From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Blood River to                                     Calloway County.
                                       approximately 0.8
                                       miles upstream of
                                       confluence with Blood
                                       River.
East Fork Clarks River..............  At confluence with              None         +479  Unincorporated Areas of
                                       Clarks and Middle Fork                             Calloway County, City
                                       Clarks River.                                      of Murray.
                                      Approximately 0.9 miles         None         +482
                                       upstream of confluence
                                       with Middle Fork
                                       Clarks River.

Goose Creek (Backwater effects from   From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Dog Creek to                                       Calloway County.
                                       approximately 0.2
                                       miles upstream of
                                       confluence with Dog
                                       Creek.
Grindstone Creek (Backwater effects   From confluence with            None         +375  Unincorporated Areas of
 from Kentucky Lake).                  Blood River Tributary                              Calloway County.
                                       1 to approximately 0.2
                                       miles upstream of
                                       confluence with Blood
                                       River Tributary 1.
Jonathan Creek (Backwater effects     From county boundary to         None         +375  Unincorporated Areas of
 from Kentucky Lake).                  approximately 1 mile                               Calloway County.
                                       upstream of county
                                       boundary.
Kentucky Lake.......................  Entire shoreline of             None         +375  Unincorporated Areas of
                                       Kentucky Lake.                                     Calloway County.
Ledbetter Creek (Backwater effects    From confluence with            None         +375  Unincorporated Areas of
 from Kentucky Lake).                  Kentucky Lake to                                   Calloway County.
                                       approximately 0.6
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Little Sugar Creek (Backwater         From confluence with            None         +375  Unincorporated Areas of
 effects from Kentucky Lake).          Kentucky Lake to                                   Calloway County.
                                       approximately 0.5
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Middle Fork Clarks River............  At confluence with              None         +479  Unincorporated Areas of
                                       Clarks and East Middle                             Calloway County, City
                                       Fork Clarks River.                                 of Murray.
                                      Approximately 1,000             None         +481
                                       feet downstream of US
                                       641.
Panther Creek (Backwater effects      From confluence with            None         +375  Unincorporated Areas of
 from Kentucky Lake).                  Kentucky Lake to                                   Calloway County.
                                       approximately 1.1
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Shannon Creek (Backwater effects      From confluence with            None         +375  Unincorporated Areas of
 from Kentucky Lake).                  Kentucky Lake to                                   Calloway County.
                                       approximately 0.6
                                       miles upstream
                                       confluence with
                                       Kentucky Lake.
Snipe Creek (Backwater effects from   From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Kentucky Lake to                                   Calloway County.
                                       approximately 0.4
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Sugar Creek (Backwater effects from   From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Kentucky Lake to                                   Calloway County.
                                       approximately 0.8
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Sugar Creek Tributary 2 (Backwater    From confluence with            None         +375  Unincorporated Areas of
 effects from Kentucky Lake).          Kentucky Lake to                                   Calloway County.
                                       approximately 0.5
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Tan Branch (Backwater effects from    From confluence with            None         +375  Unincorporated Areas of
 Kentucky Lake).                       Kentucky Lake to                                   Calloway County.
                                       approximately 0.7
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Tennessee River Tributary 75          From confluence with            None         +375  Unincorporated Areas of
 (Backwater effects from Kentucky      Kentucky Lake to                                   Calloway County.
 Lake).                                approximately 0.7
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Tennessee River Tributary 91          From confluence with            None         +375  Unincorporated Areas of
 (Backwater effects from Kentucky      Kentucky Lake to                                   Calloway County.
 Lake).                                approximately 0.5
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Tributary 1 to Clarks River.........  At confluence with              None         +470  Unincorporated Areas of
                                       Clarks River.                                      Calloway County.
                                      Approximately 1,800             None         +473
                                       feet upstream of
                                       confluence with Clarks
                                       River.
Tributary to Middle Fork Clarks       At confluence with              None         +479  Unincorporated Areas of
 River.                                Middle Fork Clarks                                 Calloway County.
                                       River.
                                      Approximately 1,700             None         +484
                                       feet upstream of
                                       confluence with Middle
                                       Fork Clarks River.
Wildcat Creek (Backwater effects      From confluence with            None         +375  Unincorporated Areas of
 from Kentucky Lake).                  Kentucky Lake to                                   Calloway County.
                                       approximately 1.2
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
Yellow Spring Branch (Backwater       From confluence with            None         +375  Unincorporated Areas of
 effects from Kentucky Lake).          Kentucky Lake to                                   Calloway County.
                                       approximately 0.4
                                       miles upstream of
                                       confluence with
                                       Kentucky Lake.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Murray
Maps are available for inspection at 104 North 5th Street, Murray, KY 42071.

                                     Unincorporated Areas of Calloway County
Maps are available for inspection at 101 South 5th Street, Murray, KY 42071.
----------------------------------------------------------------------------------------------------------------
                                 Clare County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Budd Lake...........................  Entire shoreline of             None       +1,114  City of Harrison,
                                       Budd Lake.                                         Township of Hayes.
Doc and Tom Lake....................  Entire shoreline of Doc         None       +1,067  Township of Freeman.
                                       and Tom Lake.
Eight Point Lake....................  Entire shoreline of             None       +1,053  Township of Garfield.
                                       Eight Point Lake.
Grass Lake..........................  Entire shoreline of             None       +1,081  Township of Freeman.
                                       Grass Lake.
Lake Shamrock.......................  Entire shoreline of             None         +826  City of Clare, Township
                                       Lake Shamrock.                                     of Grant.
Surrey Lake.........................  Entire shoreline of             None         +958  Township of Surrey.
                                       Surrey Lake.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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., Acting Chief, Engineering Management Branch, Mitigation Directorate,
 Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Clare
Maps are available for inspection at 202 West 5th Street, Clare, MI 48617.

City of Harrison
Maps are available for inspection at 229 East Beech Street, Harrison, MI 48625.

Township of Freeman
Maps are available for inspection at 7280 West Mannsiding Road, Lake, MI 48632.

Township of Garfield
Maps are available for inspection at 9348 Terry Street, Lake, MI 48632.

Township of Grant
Maps are available for inspection at 3022 Surrey Road, Clare, MI 48617.

Township of Hayes
Maps are available for inspection at 2051 East Townline Lake Road, Harrison, MI 48625.

Township of Surrey
Maps are available for inspection at 110 East Michigan Street, Farwell, MI 48622.
----------------------------------------------------------------------------------------------------------------
                                Cibola County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Grants Canyon Creek.................  At the confluence with        +6,426       +6,429  City of Grants.
                                       Rio San Jose.
                                      Approximately 900 feet        +6,490       +6,495
                                       upstream of De Norte
                                       Blvd.
Rio San Jose........................  Approximately 1,900           +6,409       +6,412  City of Grants,
                                       feet downstream of the                             Unincorporated Areas
                                       Burling Northern Santa                             of Cibola County,
                                       Fe Railroad.                                       Village of Milan.
                                      Just upstream of              +6,529       +6,533
                                       Stanley Avenue.
Zuni Canyon.........................  At the confluence with        +6,505       +6,506  City of Grants,
                                       the Rio San Jose.                                  Unincorporated Areas
                                                                                of Cibola County,
                                                                                Village of Milan.
                                      Approximately 0.5 miles         None       +6,545
                                       upstream of North
                                       Quail Lane.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Grants
Maps are available for inspection at 600 West Santa Fe Avenue, Grants, NM 87020.

                                      Unincorporated Areas of Cibola County
Maps are available for inspection at Rural Addressing, 515 West High Street, Grants, NM 87020.

Village of Milan
Maps are available for inspection at the Milan Court System Building, 628 Uranium Avenue, Milan, NM 87021.
----------------------------------------------------------------------------------------------------------------
                              San Miguel County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Arroyo Hermanos.....................  At the confluence with        +6,438       +6,448  City of Las Vegas.
                                       Gallinas Creek.
                                      Just downstream of            +6,491       +6,493
                                       Lopez Street.
Arroyo Pajarito.....................  At the confluence with        +6,418       +6,415  City of Las Vegas.
                                       Gallinas Creek.
                                      Just downstream of            +6,472       +6,476
                                       Salazar Street.
Arroyo Pecos........................  Approximately 0.8 miles         None       +6,381  City of Las Vegas,
                                       downstream of East                                 Unincorporated Areas
                                       Frontage Road.                                     of San Miguel County.
                                      Just upstream of Las            None       +6,458
                                       Vegas Boulevard.
Gallinas Creek......................  Just upstream of                None       +6,381  City of Las Vegas,
                                       Interstate 25.                                     Unincorporated Areas
                                                                                of San Miguel County.
                                      Approximately 0.4 miles         None       +6,515
                                       downstream of El
                                       Camino Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Las Vegas
Maps are available for inspection at San Miguel County Planning and Zoning Office, 500 West National Street,
 Third Floor, Las Vegas, NM 87701.

                                    Unincorporated Areas of San Miguel County
Maps are available for inspection at the County Assessor's Office, 500 West National Street, Suite 105, Las
 Vegas, NM 87701.
----------------------------------------------------------------------------------------------------------------
                                 Custer County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tributary 1 (Unnamed stream)........  Approximately 600 feet          None       +1,491  Unincorporated Areas of
                                       upstream of confluence                             Custer County.
                                       with Tributary 2.
                                      Approximately 200 feet          None       +1,527
                                       downstream of Terrace
                                       Drive.
Tributary 2 (Unnamed stream)........  Approximately 500 feet          None       +1,499  Unincorporated Areas of
                                       upstream of confluence                             Custer County.
                                       with Tributary 1.
                                      Just upstream of South          None       +1,537
                                       13th Street.
Washita River.......................  Approximately 0.61              None       +1,484  Unincorporated Areas of
                                       miles downstream of                                Custer County.
                                       State Highway 40.
                                      Approximately 1.04              None       +1,495
                                       miles upstream of
                                       Highway 183.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Custer County
Maps are available for inspection at the County Courthouse, 675 B Street, Arapaho, OK 73620.
----------------------------------------------------------------------------------------------------------------
                              Lawrence County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hungry Hollow Gulch.................  Approximately 350 feet        +3,634       +3,632  City of Spearfish.
                                       downstream of Ames
                                       Avenue.
                                      Approximately 645 feet        +3,697       +3,699
                                       upstream of St. Joe
                                       Street.
Ice House Creek.....................  Approximately 25 feet           None       +3,658  City of Spearfish.
                                       upstream of Grant
                                       Street.
                                      Approximately 50 feet           None       +3,686
                                       upstream of State
                                       Street.
Ice House Creek Tributary A.........  Approximately 73 feet           None       +3,663  City of Deadwood.
                                       downstream of 8th
                                       Street.
                                      Approximately 150 feet          None       +3,671
                                       downstream of State
                                       Street.
Riggs Gulch.........................  Approximately 200 feet          None       +3,764  City of Spearfish.
                                       downstream of US
                                       Highway 14A.
                                      Approximately 920 feet          None       +3,843
                                       upstream of Colorado
                                       Boulevard.
Spearfish Creek.....................  Just downstream of Utah       +3,569       +3,570  City of Spearfish,
                                       Boulevard.                                         Unincorporated Areas
                                                                                of Lawrence County.
                                      Approximately 1,300           +3,725       +3,726
                                       feet upstream of
                                       Winterville Drive.
Unnamed Tributary to Higgins Gulch..  Approximately 4,430             None       +3,440  City of Spearfish.
                                       feet downstream of
                                       Interstate 90 West
                                       ramp.
                                      Approximately 1,500             None       +3,491
                                       feet downstream of
                                       Interstate 90 West
                                       ramp.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Deadwood
Maps are available for inspection at 62\1/2\ Dunlap Street, c/o Jim Winterton, Deadwood, SD 57732.

City of Spearfish
Maps are available for inspection at 625 5th Street, c/o Community Map Repository, Spearfish, SD 57783.

                                     Unincorporated Areas of Lawrence County
Maps are available for inspection at 90 Sherman Street, c/o Map Repository, Deadwood, SD 57732.
----------------------------------------------------------------------------------------------------------------
                               Spink County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
James River.........................  Approximately 2.8 miles         None       +1,253  Unincorporated Areas of
                                       upstream of 188th                                  Spink County.
                                       Street.
                                      Approximately 7,920             None       +1,275
                                       feet downstream of
                                       149th Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Spink County
Maps are available for inspection at 210 East 7th Avenue, Redfield, SD 57469.
----------------------------------------------------------------------------------------------------------------
                                 Gonzales County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Baldridge Creek.....................  Approximately 1 mile            None         +350  Unincorporated Areas of
                                       downstream of Highway                              Gonzales County.
                                       97.

                                      Approximately 1,400             None         +368
                                       feet upstream of US
                                       Highway 90 West.
Guadalupe River.....................  At the confluence with          None         +278  City of Gonzales,
                                       Tinsley Creek.                                     Unincorporated Areas
                                                                                of Gonzales County.
                                      Approximately 1.4 miles         None         +286
                                       downstream of County
                                       Road 466.
Tinsley Creek.......................  Approximately 530 feet          None         +294  City of Gonzales.
                                       upstream of Weimer
                                       Street.
                                      Just upstream of Sarah          None         +303
                                       DeWitt Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Gonzales
Maps are available for inspection at P.O. Box 547, Gonzales, TX 78629.

                                     Unincorporated Areas of Gonzales County
Maps are available for inspection at 414 Saint Joseph Street, Gonzales, TX 78629.
----------------------------------------------------------------------------------------------------------------
                                 Caldwell County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Plum Creek..........................  Just downstream of Hays         None         +538  City of Uhland.
                                       County Boundary.
                                      Approximately 1,465             None         +540
                                       feet downstream of
                                       Hays County Boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Uhland
Maps are available for inspection at 17 Cotton Gin Road, Uhland, TX 78640.
----------------------------------------------------------------------------------------------------------------
                                  Lavaca County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lavaca River........................  At the Confluence with          None         +213  Unincorporated Areas of
                                       Rickaway Branch.                                   Lavaca County.
                                      Approximately 300 feet          None         +229
                                       downstream of
                                       confluence with
                                       Campbell Branch.
Rickaway Branch.....................  Approximately 2,500             None         +213  Unincorporated Areas of
                                       feet upstream of                                   Lavaca County.
                                       confluence with Lavaca
                                       River.
                                      Approximately 0.66              None         +239
                                       miles upstream of
                                       Cemetery Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Lavaca County
Maps are available for inspection at 201 North La Grange Street, P.O. Box 243, Hallettsville, TX 77964.
----------------------------------------------------------------------------------------------------------------
                                 Montague County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cowskin Creek.......................  Approximately 1,500             None         +921  Unincorporated Areas of
                                       feet downstream of the                             Montague County.
                                       Wise County Line.
                                      Just downstream of the          None         +931
                                       Wise County Line.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Montague County
Maps are available for inspection at 101 East Franklin Street, Montague, TX 76251.
----------------------------------------------------------------------------------------------------------------
                                  Sanpete County, Utah, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
South Creek.........................  Approximately 362 feet          None       +5,531  Unincorporated Areas of
                                       east of 100 S.                                     Sanpete County, City
                                                                                of Manti.
                                      Approximately 596 feet          None       +5,838
                                       upstream of the
                                       confluence with Manti
                                       Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Manti
Maps are available for inspection at City Hall, 50 South Main Street, Manti, UT 84642.

                                     Unincorporated Areas of Sanpete County
Maps are available for inspection at the County Building and Zoning Office, 160 North Main Street, Manti, UT
 84642.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Edward L. Connor,
Acting Assistant Administrator for Mitigation, Mitigation Directorate,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-22135 Filed 9-14-09; 8:45 am]

BILLING CODE 9110-12-P