[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Proposed Rules]
[Page 48043-48049]
[DOCID:fr21se09-17]

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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-1074]

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 21, 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-1074, 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)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Boone County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Crooked Creek.......................  Approximately 200 feet          None       +1,047  Unincorporated Areas of
                                       downstream of Highway                              Boone County.
                                       65.
                                      Approximately 1,300             None       +1,070
                                       feet upstream of
                                       Cloverhill Road.
Dry Jordan Creek....................  Approximately 0.63              None       +1,167  Unincorporated Areas of
                                       miles upstream of                                  Boone County.
                                       Goblin Drive.
                                      Approximately 0.64              None       +1,167
                                       miles upstream of
                                       Goblin Drive.
Dry Jordan Tributary................  Approximately 560 feet          None       +1,208  Unincorporated Areas of
                                       upstream of Highway 65.                            Boone County.
                                      Approximately 720 feet          None       +1,208
                                       upstream of Highway 65.
----------------------------------------------------------------------------------------------------------------
* 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 Boone County
Maps are available for inspection at 100 North Main Street, Harrison, AR 72601.
----------------------------------------------------------------------------------------------------------------
                                Johnson County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Willett Branch...............  Just upstream of State          None         +409  Unincorporated Areas of
                                       Highway 103.                                       Johnson County.
                                      Approximately 200 feet          None         +409
                                       upstream of State
                                       Highway 103.
Sprada Creek........................  Approximately 1,050             None         +391  Unincorporated Areas of
                                       feet downstream of                                 Johnson County.
                                       Private Road 3477.
                                      Just upstream of County         None         +411
                                       Highway 3520.
----------------------------------------------------------------------------------------------------------------
* 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 Johnson County
Maps are available for inspection at P.O. Box 278, 705 Cline Road, Clarksville, AR 72830.
----------------------------------------------------------------------------------------------------------------
                              Del Norte County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Earl...........................  Entire shoreline.......         None          +13  Unincorporated Areas of
                                                                                Del Norte County.
Lake Tolowa.........................  Entire shoreline.......         None          +13  Unincorporated Areas of
                                                                                Del Norte County.
Overflow Southwest of Smith River...  Approximately 2,000             None          +13  Unincorporated Areas of
                                       feet east of the                                   Del Norte County.
                                       intersection of
                                       Prigmore Street and
                                       Fisher Drive.

                                      Approximately 500 feet          None          +40
                                       west of the
                                       intersection of
                                       Highway 101 and
                                       Reynolds Court.
Pacific Ocean.......................  From approximately              None       +14-20  Unincorporated Areas of
                                       1,420 feet north of                                Del Norte County.
                                       Pyramid Point to
                                       approximately 7,870
                                       feet south of the
                                       mouth of Lake Tolowa
                                       along the shoreline of
                                       the Pacific Ocean.
                                      Approximately 7,000             None   1
                                       feet north of the
                                       mouth of Lake Tolowa
                                       just inland of the
                                       shoreline of the
                                       Pacific Ocean.
                                      Approximately 2,300             None   2
                                       feet north of the
                                       mouth of Lake Tolowa
                                       just inland of the
                                       shoreline of the
                                       Pacific Ocean.
Rowdy Creek.........................  Confluence with Smith           None          +25  Unincorporated Areas of
                                       River.                                             Del Norte County.
                                      Approximately 1,450             None          +64
                                       feet upstream of
                                       Highway 101.
Sheetflow Southwest of Smith River..  From just downstream of         None   2  Unincorporated Areas of
                                       Highway 101 to                                     Del Norte County.
                                       approximately 500 feet
                                       west of Lower Lake
                                       Road between Tryon
                                       Creek and the Smith
                                       River.
Smith River.........................  Mouth of the Smith              None          +15  Unincorporated Areas of
                                       River.                                             Del Norte County.
                                      Approximately 2,100             None          +47
                                       feet upstream of
                                       Highway 101.
----------------------------------------------------------------------------------------------------------------
* 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 Del Norte County
Maps are available for inspection at City Hall, Public Works Department, 377 J Street, Crescent City, CA 95531.
----------------------------------------------------------------------------------------------------------------
                                Edmonson County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Alexander Creek (Backwater effects    From confluence with            None         +446  Unincorporated Areas of
 from Green River).                    Green River to                                     Edmonson County.
                                       approximately 240 feet
                                       upstream of confluence
                                       with Alexander Creek
                                       Tributary 3.
Bear Creek (Backwater effects from    From confluence with            None         +438  Unincorporated Areas of
 Green River).                         Green River to                                     Edmonson County.
                                       approximately 3.8
                                       miles upstream of
                                       confluence with Green
                                       River.
Beaverdam Creek South (Backwater      From confluence with            None         +449  Unincorporated Areas of
 effects from Green River).            Green River to                                     Edmonson County, City
                                       approximately 3.4                                  of Brownsville.
                                       miles upstream of
                                       confluence with Green
                                       River.
Beaverdam Creek Tributary 6           From confluence with            None         +449  Unincorporated Areas of
 (Backwater effects from Green         Beaverdam Creek South                              Edmonson County, City
 River).                               to approximately 1,400                             of Brownsville.
                                       feet upstream of
                                       confluence with
                                       Beaverdam Creek South.
Brier Creek (Backwater effects from   From confluence with            None         +560  Unincorporated Areas of
 Nolin Lake).                          Nolin Lake to                                      Edmonson County.
                                       approximately 0.6 mile
                                       upstream of confluence
                                       with Nolin Lake.
Bylew Creek (Backwater effects from   From confluence with            None         +455  Unincorporated Areas of
 Green River).                         Nolin River to                                     Edmonson County.
                                       approximately 1.2
                                       miles upstream of
                                       confluence with Nolin
                                       River.
Dog Creek (Backwater effects from     From county boundary to         None         +560  Unincorporated Areas of
 Nolin Lake).                          approximately 0.6 mile                             Edmonson County.
                                       upstream of confluence
                                       with Dog Creek
                                       Tributary 1.
Green River.........................  At confluence with Bear         None         +438  Unincorporated Areas of
                                       Creek.                                             Edmonson County, City
                                                                                of Brownsville.
                                      At approximately 3.4            None         +480
                                       miles upstream of
                                       confluence with Ugly
                                       Creek.
Green River Tributary 4 (Backwater    From confluence with            None         +445  Unincorporated Areas of
 effects from Green River).            Green River to                                     Edmonson County.
                                       approximately 0.6 mile
                                       upstream of confluence
                                       with Green River.
Honey Creek (Backwater effects from   From confluence with            None         +443  Unincorporated Areas of
 Green River).                         Green River to                                     Edmonson County.
                                       approximately 1.6
                                       miles upstream of
                                       confluence with Green
                                       River.

Indian Creek (Backwater effects from  From confluence with            None         +452  Unincorporated Areas of
 Green River).                         Green River to                                     Edmonson County, City
                                       approximately 0.9 mile                             of Brownsville.
                                       upstream of confluence
                                       with Green River.
Laurel Branch (Backwater effects      From confluence with            None         +449  City of Brownsville.
 from Green River).                    Beaverdam Creek South
                                       to approximately 0.5
                                       mile upstream of
                                       confluence with
                                       Beaverdam Creek South.
Little Beaverdam Creek (Backwater     From confluence with            None         +442  Unincorporated Areas of
 effects from Green River).            Green River to                                     Edmonson County.
                                       approximately 1 mile
                                       upstream of confluence
                                       with Sally Branch.
Nolin Lake..........................  Entire shoreline of             None         +560  Unincorporated Areas of
                                       Nolin Lake.                                        Edmonson County.
Nolin River (Backwater effects from   From confluence with            None         +455  Unincorporated Areas of
 Green River).                         Green River to                                     Edmonson County.
                                       approximately 0.8 mile
                                       upstream of confluence
                                       with Bylew Creek.
Sally Branch (Backwater effects from  From confluence with            None         +442  Unincorporated Areas of
 Green River).                         Little Beaverdam Creek                             Edmonson County.
                                       to approximately 0.6
                                       mile upstream of
                                       confluence with Little
                                       Beaverdam Creek.
Ugly Creek (Backwater effects from    From confluence with            None         +477  Unincorporated Areas of
 Green River).                         Green River to                                     Edmonson County.
                                       approximately 1.1
                                       miles upstream of
                                       confluence with Green
                                       River.
Wolf Creek (Backwater effects from    From confluence with            None         +560  Unincorporated Areas of
 Nolin Lake).                          Dog Creek to                                       Edmonson County.
                                       approximately 1 mile
                                       upstream of confluence
                                       with Dog 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 Brownsville
Maps are available for inspection at 121 Washington Street, Brownsville, KY 42210.

                                     Unincorporated Areas of Edmonson County
Maps are available for inspection at 108 North Main Street, Brownsville, KY 42210.
----------------------------------------------------------------------------------------------------------------
                                 Lincoln County, Nevada, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Clover Creek........................  Approximately 280 feet        +4,404       +4,409  Unincorporated Areas of
                                       upstream of confluence                             Lincoln County, City
                                       with Meadow Valley                                 of Caliente.
                                       Wash (Near Caliente).
                                      Approximately 2.4 miles         None       +4,473
                                       upstream of confluence
                                       with Meadow Valley
                                       Wash (Near Caliente).
Meadow Valley Wash (Near Caliente)..  Approximately 0.73 mile         None   2  Unincorporated Areas of
                                       downstream of Union                                Lincoln County, City
                                       Pacific Railroad.                                  of Caliente.
                                      Approximately 1,540             None   3
                                       feet downstream of
                                       Union Pacific Railroad.
                                      Approximately 0.73 mile       +4,329       +4,329
                                       downstream of Union
                                       Pacific Railroad.
                                      Approximately 674 feet        +4,437       +4,438
                                       upstream of U.S.
                                       Highway 93.
Meadow Valley Wash (Near Ursine)....  Approximately 1.0 mile          None       +5,543  Unincorporated Areas of
                                       downstream of North                                Lincoln County.
                                       Eagle Valley Road.
                                      Approximately 1,150             None       +5,607
                                       feet upstream of North
                                       Eagle Valley 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 Caliente
Maps are available for inspection at 100 Depot Avenue, Caliente, NV 89008.

                                     Unincorporated Areas of Lincoln County
Maps are available for inspection at the Planning and Zoning Department, 181 Main Street, Suite 107, Pioche, NV
 89043.
----------------------------------------------------------------------------------------------------------------
                                 Clay County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cumberland River....................  Approximately 3.5 miles         None         +508  Unincorporated Areas of
                                       downstream of Highway                              Clay County, City of
                                       52.                                                Celina.
                                      Approximately 4.8 miles         None         +518
                                       upstream of Highway 52.
----------------------------------------------------------------------------------------------------------------
* 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 Celina
Maps are available for inspection at City Hall, 143 Cordell Hull Drive, Celina, TN 38551.

                                       Unincorporated Areas of Clay County
Maps are available for inspection at the Clay County Public Library, 116 Guffey Street, Celina, TN 38551.
----------------------------------------------------------------------------------------------------------------
                                 Atascosa County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Rutledge Hollow Creek...............  Just upstream of Roys           None         +440  Unincorporated Areas of
                                       Drive.                                             Atascosa County.
                                      Approximately 500 feet          None         +442
                                       upstream of Roys 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

                                     Unincorporated Areas of Atascosa County
Maps are available for inspection at Circle Drive 41, Jourdanton, TX 78026.
----------------------------------------------------------------------------------------------------------------
                                 Washington County, Vermont (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Great Brook No. 1...................  At the confluence with          +503         +501  Town of Middlesex.
                                       Winooski River.
                                      Approximately 140 feet          +503         +501
                                       downstream of U.S.
                                       Route 2.
Gunners Brook.......................  At the downstream side          +598         +596  City of Barre.
                                       of Brook Street.
                                      Approximately 80 feet           None         +616
                                       upstream of Brook
                                       Street.
Mad River...........................  At the confluence with          +452         +454  Town of Moretown.
                                       Winooski River.
                                      Approximately 950 feet          +452         +454
                                       upstream of confluence
                                       with Winooski River.
Mirror Lake.........................  Entire shoreline.......         None       +1,047  Town of Calais.
North Montpelier Pond...............  Entire shoreline.......         None         +708  Town of Calais, Town of
                                                                                East Montpelier.
Stevens Branch......................  At the confluence with          +547         +544  Town of Barre, City of
                                       Winooski River.                                    Barre, City of
                                                                                Montpelier, Town of
                                                                                Berlin.
                                      At county boundary              +741         +740
                                       (approximately 2.0
                                       miles upstream of
                                       Snowbridge Road).

Sunny Brook of Winooksi River.......  At the confluence with          +513         +510  Town of Middlesex.
                                       Winooski River.
                                      At downstream side of           +513         +510
                                       New England Central
                                       Railroad.
Thatcher Brook......................  Approximately 225 feet          +503         +502  Town of Waterbury.
                                       upstream of Stowe
                                       Street.
                                      Approximately 1,100             +504         +503
                                       feet upstream of Stowe
                                       Street.
Union Brook.........................  At the confluence with          +727         +728  Village of Northfield.
                                       Dog River.
                                      Approximately 60 feet           +727         +728
                                       upstream of Water
                                       Street.
Winooski River......................  At Chittenden County            +341         +342  Town of Middlesex, City
                                       Boundary                                           of Montpelier, Town of
                                       (approximately 13,080                              Berlin, Town of
                                       feet downstream of                                 Duxbury, Town of East
                                       Bolton Falls Dam).                                 Montpelier, Town of
                                                                                Moretown, Town of
                                                                                Waterbury, Village of
                                                                                Waterbury.
                                      At downstream side of           +597         +595
                                       Green Mountain Power
                                       No. 4 Dam.
----------------------------------------------------------------------------------------------------------------
* 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 Barre
Maps are available for inspection at City Hall, 6 North Main Street, Barre, VT 05641.

City of Montpelier
Maps are available for inspection at the Planning, Zoning, and Community Development Department, City Hall, 39
 Main Street, Montpelier, VT 05602.

Town of Barre
Maps are available for inspection at the Town Clerk's Office, 149 Websterville Road, Websterville, VT 05678.

Town of Berlin
Maps are available for inspection at the Town Zoning Office, 108 Shed Road, Berlin, VT 05602.

Town of Calais
Maps are available for inspection at the Town Clerk's Office, 3120 Pekin Brook Road, East Calais, VT 05650.

Town of Duxbury
Maps are available for inspection at the Town Office, 5421 Vermont Route 100, Duxbury, VT 05676.

Town of East Montpelier
Maps are available for inspection at the Town Hall, 40 Kelton Road, East Montpelier, VT 05651.

Town of Middlesex
Maps are available for inspection at the Town Clerk's Office, 5 Church Street, Middlesex, VT 05602.

Town of Moretown
Maps are available for inspection at the Town Clerk's Office, 994 Vermont Route 100B, Moretown, VT 05660.

Town of Waterbury
Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676.

Village of Northfield
Maps are available for inspection at the Zoning Office, 51 South Main Street, Northfield, VT 05663.

Village of Waterbury
Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676.
----------------------------------------------------------------------------------------------------------------
                              Upshur County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brushy Fork (Backwater flooding from  Approximately at the            None       +1,415  Unincorporated Areas of
 Buckhannon River).                    confluence with Fink                               Upshur County.
                                       Run.
                                      Approximately 700 feet          None       +1,415
                                       upstream of County
                                       Route 7/1 (Left Branch
                                       of Brushy Fork).
Fink Run (Backwater flooding from     Just upstream of Old            None       +1,415  Unincorporated Areas of
 Buckhannon River).                    Weston Road.                                       Upshur County.

                                      Approximately 2,100             None       +1,415
                                       feet upstream of
                                       intersection of Old
                                       Weston Road and County
                                       Route 5/7 (Mudlick
                                       Run).
Unnamed Tributary No. 1 to Fink Run   Approximately at the            None       +1,415  Unincorporated Areas of
 (Backwater flooding from Buckhannon   area bounded by US                                 Upshur County.
 River).                               Route 33, Wabash
                                       Avenue, and County
                                       Route 33/1.
----------------------------------------------------------------------------------------------------------------
* 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 Upshur County
Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201.
----------------------------------------------------------------------------------------------------------------

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

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-22581 Filed 9-18-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Rules and Regulations]
[Page 53855-53857]
[DOCID:fr02se10-7]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0477; Directorate Identifier 2009-NM-226-AD;
Amendment 39-16423; AD 2010-18-10]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Three events have been reported where insulation material was
found to be fouling pulleys in the aileron interconnect circuit in
the cabin roof area. * * *
    Interference between the cable and the insulation bag causes the
material to be drawn into the gap between the pulley and the pulley
guard. This condition, if not detected and corrected, could lead to
restricted aileron movement and consequently, reduced control of the
aeroplane.

* * * * *
    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective October 7, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 7,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on May 19, 2010 (75 FR
27959). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Three events have been reported where insulation material was
found to be fouling pulleys in the aileron interconnect circuit in
the cabin roof area. The insulation material is contained in a bag,
the material of which tends to become brittle with age. During the
production life of the aeroplane type, several methods of bag
retention were applied, all of which involved puncturing the bag.
This puncture tends to result in a tear, which, if detected in time,
can be repaired with tape; however, the affected cabin roof area is
not frequently accessed for inspection. Over time, the weight of the
bag also tends to cause tears in the material, making the insulation
material sag, thereby causing interference with the cable and
pulley.
    Interference between the cable and the insulation bag causes the
material to be drawn into the gap between the pulley and the pulley
guard. This condition, if not detected and corrected, could lead to
restricted aileron movement and consequently, reduced control of the
aeroplane.
    For the reasons described above, this [EASA] AD requires the
installation of additional guards, bolts and nuts on the aileron
interconnect cable pulleys at frame 29 (left and right).
    This [EASA] AD has been revised to exclude aeroplanes from the
Applicability that have been modified to freighter configuration in
accordance with BAE Systems modification No. HCM50200B. As this
modification includes the removal of the insulation bags, the unsafe
condition that is addressed by this [EASA] AD cannot exist or
develop on those aeroplanes.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the

MCAI in order to follow our FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We
also estimate that it will take about 5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $340 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operator
to be $765.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect 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.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-18-10 BAE Systems (Operations) Limited: Amendment 39-16423.
Docket No. FAA-2010-0477; Directorate Identifier 2009-NM-226-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
7, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (OPERATIONS) LIMITED Model
BAe 146-100A, -200A, and -300A series airplanes and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A airplanes, certificated in any
category; all serial numbers, except those airplanes modified to
freighter configuration in accordance with BAE SYSTEMS Modification
HCM50200B.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Three events have been reported where insulation material was
found to be fouling pulleys in the aileron interconnect circuit in
the cabin roof area. * * *
    Interference between the cable and the insulation bag causes the
material to be drawn into the gap between the pulley and the pulley
guard. This condition, if not detected and corrected, could lead to
restricted aileron movement and consequently, reduced control of the
aeroplane.

* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 6 months after the effective date of this AD, install
new aileron interconnect cable pulley guards, in accordance with
paragraph 2.C. ``Modification'' of the Accomplishment Instructions
of BAE Systems (OPERATIONS) LIMITED Modification Service Bulletin
SB.27-183-36246A, dated December 9, 2008.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to Attn: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2009-0205, Revision 1, dated January 12, 2010; and BAE
Systems (OPERATIONS) LIMITED Modification Service Bulletin SB.27-
183-36246A, dated December 9, 2008; for related information.

Material Incorporated by Reference

    (j) You must use BAE Systems (OPERATIONS) LIMITED Modification
Service Bulletin SB.27-183-36246A, dated December 9, 2008, to do the
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; e-mail
<EMAIL_ADDRESS>Internet http://www.baesystems.com/
Businesses/RegionalAircraft/index.htm.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on August 20, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-21411 Filed 9-1-10; 8:45 am]
BILLING CODE 4910-13-P