[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Rules and Regulations]
[Pages 79098-79110]
[FR Doc No: 2011-32595]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that

have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

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                                                                                * Elevation in
                                                                                feet  (NGVD)  +
                                                                                Elevation in feet
                                                                                (NAVD)   Depth in feet
            State              City/town/county         Source of flooding                              Location                         above  ground
                                                                                [caret] Elevation
                                                                                in  meters  (MSL)
                                                                                Modified

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Unincorporated Areas of Butte-Silver Bow County, Montana
                                                                 Docket No. FEMA-B-1149
--------------------------------------------------------------------------------------------------------------------------------------------------------
Montana......................  Unincorporated    Basin Creek.....................  Approximately 1,000 feet upstream of I-90.........              +5469
                                Areas of Butte-
                                Silver Bow
                                County.
                                                                                Approximately 40 feet downstream of Mormon Church               +5494
                                                                                Road.
Montana......................  Unincorporated    Sand Creek......................  Approximately 90 feet downstream of Evans Avenue..              +5456
                                Areas of Butte-
                                Silver Bow
                                County.
                                                                                Approximately 50 feet upstream of Chicago,                      +5547
                                                                                Milwaukee, St. Paul and Pacific Railroad.
Montana......................  Unincorporated    Sand Creek Diversion............  Approximately 500 feet upstream of Elizabeth                    +5484
                                Areas of Butte-                                     Warren Avenue.
                                Silver Bow
                                County.
                                                                                Approximately 100 feet downstream of Harrison                   +5514
                                                                                Avenue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                                        ADDRESSES
                                                     Unincorporated Areas of Butte-Silver Bow County
Maps are available for inspection at 155 West Granite Street, Room 108, Butte, MT 59701.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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                                                                      * Elevation in
                                                                     feet  (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                Fremont County, Colorado, and Incorporated Areas
                                             Docket No. FEMA-B-1152
----------------------------------------------------------------------------------------------------------------
Arkansas River.........................  Approximately 600 feet                 +5129  City of Florence,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Coal                          Fremont County.
                                          Creek East Overflow.
                                         Approximately 1,330 feet               +5206
                                          downstream of Minnequa
                                          Dam Road.
Coal Creek.............................  Approximately 0.99 mile                +5222  City of Florence, Town of
                                          upstream of Railroad                          Coal Creek,
                                          Street.                                       Unincorporated Areas of
                                                                                Fremont County.
                                         Approximately 0.57 mile                +5435
                                          upstream of Coal Creek
                                          Drive.

Coal Creek Tributary 1.................  At the confluence with                 +5335  Town of Coal Creek,
                                          Coal Creek.                                   Unincorporated Areas of
                                                                                Fremont County.
                                         Approximately 1,600 feet               +5420
                                          upstream of Main Street.
Coal Creek Tributary 2.................  Just upstream of the                   +5400  Town of Coal Creek,
                                          confluence with Coal                          Unincorporated Areas of
                                          Creek.                                        Fremont County.
                                         Approximately 0.75 mile                +5489
                                          upstream of the
                                          confluence with Coal
                                          Creek.
Coal Creek Tributary 3.................  Just upstream of the                   +5422  Town of Coal Creek,
                                          confluence with Coal                          Unincorporated Areas of
                                          Creek.                                        Fremont County.
                                         Approximately 1,100 feet               +5440
                                          upstream of the
                                          confluence with Coal
                                          Creek.
Forked Gulch...........................  Approximately 300 feet                 +5336  City of Canon City,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with the                           Fremont County.
                                          Arkansas River.
                                         Approximately 275 feet                 +5888
                                          upstream of North Eagle
                                          Drive.
Oak Creek..............................  Just upstream of the                   +5253  Town of Rockvale, Town of
                                          unnamed railroad.                             Williamsburg,
                                                                                Unincorporated Areas of
                                                                                Fremont County.
                                         Approximately 1,350 feet               +5471
                                          upstream of Mesa Avenue.
South Oak Creek........................  Just upstream of the                   +5424  Town of Rockvale,
                                          confluence with Oak                           Unincorporated Areas of
                                          Creek.                                        Fremont County.
                                         Approximately 580 feet                 +5438
                                          upstream of Oak Creek
                                          Avenue.
West Branch Forked Gulch...............  Approximately 90 feet                  +5473  City of Canon City,
                                          upstream of Temple                            Unincorporated Areas of
                                          Canyon Road.                                  Fremont County.
                                         Approximately 525 feet                 +6082
                                          upstream of Lela Lane.
West Oak Creek.........................  Just upstream of the                   +5268  Town of Rockvale, Town of
                                          confluence with Oak                           Williamsburg,
                                          Creek.                                        Unincorporated Areas of
                                                                                Fremont County.
                                         Approximately 0.87 mile                +5534
                                          upstream of Smith Gulch
                                          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.

                                                    ADDRESSES
City of Canon City
Maps are available for inspection at 128 Main Street, Canon City, CO 81212.

City of Florence
Maps are available for inspection at 300 West Main Street, Florence, CO 81226.

Town of Coal Creek
Maps are available for inspection at 400 Railroad Street, Coal Creek, CO 81221.

Town of Rockvale
Maps are available for inspection at 510 Railroad Street, Rockvale, CO 81244.

Town of Williamsburg
Maps are available for inspection at 1 John Street, Williamsburg, CO 81226.

                                     Unincorporated Areas of Fremont County
Maps are available for inspection at 615 Macon Avenue, Canon City, CO 81212.
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                                 Mason County, Illinois, and Incorporated Areas
                                     Docket Nos. FEMA-B-1061 and FEMA-B-1093
----------------------------------------------------------------------------------------------------------------
Illinois River.........................  Approximately 0.2 mile                  +452  Unincorporated Areas of
                                          upstream of 750 North                         Mason County.
                                          extended.
                                         Approximately 0.74 mile                 +452
                                          upstream of Walnut
                                          Street extended.
                                         Approximately 0.12 mile                 +454
                                          upstream of 2500 North
                                          extended.
                                         Approximately 0.1 mile                  +454
                                          upstream of 2600 North.

Sangamon River.........................  Approximately 0.15 mile                 +456  Unincorporated Areas of
                                          upstream of County Road                       Mason County.
                                          800 E.
                                         Approximately 0.3 mile                  +461
                                          upstream of State
                                          Highway 78.
Ponding................................  North boundary: Private                 +466  Unincorporated Areas of
                                          drive approximately 230                       Mason County.
                                          feet north of north
                                          entrance to Linwood Lake
                                          Estates Road/East
                                          boundary: Abandoned road
                                          approximately 660 feet
                                          west of State Highway 78/
                                          South boundary: Private
                                          drive approximately 665
                                          feet north of beginning
                                          of North Elm Street/West
                                          boundary: State Highway
                                          78.
Ponding................................  North boundary:                         +471  Unincorporated Areas of
                                          Approximately 2,470 feet                      Mason County.
                                          north of County Highway
                                          1/East boundary:
                                          Approximately 0.86 mile
                                          east of Olive Street
                                          along County Highway 1/
                                          South boundary: 385 feet
                                          south of County Highway
                                          1/West boundary:
                                          Approximately 0.49 mile
                                          east of Olive Street
                                          along County Highway 1.
Ponding................................  North boundary:                         +472  Unincorporated Areas of
                                          Approximately 1,300 feet                      Mason County.
                                          south of County Highway
                                          1/East boundary:
                                          Approximately 0.54 mile
                                          east of southeastern tip
                                          of East Main Street/
                                          South boundary:
                                          Approximately 0.72 mile
                                          south of County Highway
                                          1/West boundary:
                                          Approximately 300 feet
                                          east of southeastern tip
                                          of East Main Street.
Ponding................................  North boundary: 330 feet                +465  Unincorporated Areas of
                                          south of B Street along                       Mason County.
                                          State Highway 78/East
                                          boundary: At State
                                          Highway 78/South
                                          boundary: Approximately
                                          810 feet south of B
                                          Street along State
                                          Highway 78/West
                                          boundary: 425 feet west
                                          of State Highway 78.
Ponding................................  North boundary:                         +465  Unincorporated Areas of
                                          Approximately 1,030 feet                      Mason County.
                                          north of East 800 North
                                          Road along North 1100
                                          East Road/East boundary:
                                          Approximately 930 feet
                                          east of North 1100 East
                                          Road/South boundary:
                                          Approximately 1,580 feet
                                          south of intersection of
                                          East 800 North Road and
                                          North 1100 East Road/
                                          West boundary:
                                          Approximately 1,950 feet
                                          east of State Highway 78.
Ponding................................  North boundary: At East                 +462  Unincorporated Areas of
                                          800 North Road/East                           Mason County.
                                          boundary: Approximately
                                          1,380 feet east of State
                                          Highway 78/South
                                          boundary: Approximately
                                          275 feet north of East
                                          750 North Road/West
                                          boundary: At State
                                          Highway 78.
Ponding................................  North boundary:                         +468  Unincorporated Areas of
                                          Approximately 430 feet                        Mason County.
                                          north of Mason Street/
                                          East boundary:
                                          Approximately 310 feet
                                          west of William
                                          Boulevard/South
                                          boundary: At Mason
                                          Street/West boundary: At
                                          Mason Street and
                                          railroad crossing.
Ponding................................  North boundary:                         +472  Unincorporated Areas of
                                          Approximately 240 feet                        Mason County.
                                          north of Mason Street/
                                          East boundary:
                                          Approximately 0.59 mile
                                          west of North 1800 East
                                          Road/South boundary:
                                          Approximately 1,090 feet
                                          north of U.S. Route 136/
                                          West boundary:
                                          Approximately 1,050 feet
                                          east of William
                                          Boulevard.
Ponding................................  North boundary:                         +476  Unincorporated Areas of
                                          Approximately 125 feet                        Mason County.
                                          south of Hillcrest Court
                                          extended/East boundary:
                                          At railroad/South
                                          boundary: Approximately
                                          500 feet south of
                                          Hillcrest Court extended/
                                          West boundary:
                                          Approximately 75 feet
                                          west of railroad.
Ponding................................  North boundary:                         +476  Unincorporated Areas of
                                          Approximately 970 feet                        Mason County.
                                          south of State Highway
                                          97 railroad crossing/
                                          East boundary:
                                          Approximately 480 feet
                                          from end of Hillcrest
                                          Court/South boundary:
                                          Approximately 1,550 feet
                                          south of State Highway
                                          97 railroad crossing/
                                          West boundary: At
                                          railroad.
Ponding................................  North boundary:                         +476  Unincorporated Areas of
                                          Approximately 0.51 mile                       Mason County.
                                          north of East 1500 North
                                          Road/East boundary:
                                          Approximately 140 feet
                                          west of State Highway 97/
                                          South boundary:
                                          Approximately 0.47 mile
                                          north of East 1500 North
                                          Road/West boundary:
                                          Approximately 465 feet
                                          west of State Highway 97.

Ponding................................  North boundary:                         +480  Unincorporated Areas of
                                          Approximately 1,470 feet                      Mason County.
                                          north of East 1500 North
                                          Road/East boundary:
                                          Approximately 0.6 mile
                                          west of North 1800 East
                                          Road/South boundary:
                                          Approximately 940 feet
                                          south of intersection of
                                          State Highway 97 and
                                          East 1500 North Road/
                                          West boundary:
                                          Approximately 625 feet
                                          west of intersection of
                                          State Highway 97 and
                                          East 1500 North Road.
Ponding................................  North boundary:                         +480  Unincorporated Areas of
                                          Approximately 0.68 mile                       Mason County.
                                          north of East 1500 North
                                          Road/East boundary:
                                          Approximately 0.41 mile
                                          west of North 1800 East
                                          Road/South boundary:
                                          Approximately 250 feet
                                          south of East 1500 North
                                          Road/West boundary:
                                          Approximately 1,460 feet
                                          west of State Highway 97.
Ponding................................  North boundary: Private                 +463  Village of Bath.
                                          drive approximately 665
                                          feet north of beginning
                                          of North Elm Street/East
                                          boundary: Approximately
                                          1,000 feet east of Vine
                                          Street/South boundary:
                                          Approximately 315 feet
                                          north of East 800 North
                                          Road/west boundary:
                                          Approximately at State
                                          Highway 78.
Ponding................................  North boundary:                   1  Village of Bath.
                                          Approximately 250 feet
                                          south of County Highway
                                          1/East boundary:
                                          Approximately 1,950 feet
                                          east of intersection of
                                          Olive Street and Cedar
                                          Street/South boundary:
                                          Approximately 2,000 feet
                                          south of intersection of
                                          Hickory Street and Main
                                          Street/West boundary:
                                          980 feet east of
                                          southern tip of Locust
                                          Street.
Ponding................................  North boundary: At                3  Village of Bath.
                                          Lincoln Street/East
                                          boundary: 50 feet west
                                          of State Highway 78/
                                          South boundary: At
                                          northernmost entrance of
                                          Bath Cemetery/West
                                          boundary: Approximately
                                          400 feet west of State
                                          Highway 78 along 1st
                                          Street.
Ponding................................  North boundary: 225 feet                +463  Village of Bath.
                                          south of 4th Street/East
                                          boundary: Approximately
                                          140 feet east of State
                                          Highway 78/South
                                          boundary: Approximately
                                          200 feet north of B
                                          Street/West boundary: At
                                          State Highway 78.
Ponding................................  North boundary:                         +468  City of Havana.
                                          Approximately 470 feet
                                          north of Mason Street/
                                          East boundary:
                                          Approximately 1,030 feet
                                          east of William
                                          Boulevard along Mason
                                          Street/South boundary:
                                          Approximately 1,300 feet
                                          north of Laurel Street/
                                          West boundary: At
                                          railroad (560 feet east
                                          of Teal Drive).
Ponding................................  North boundary:                         +472  City of Havana.
                                          Approximately 80 feet
                                          south of intersection of
                                          Tinkham Street and
                                          Lincoln Street/East
                                          boundary: Approximately
                                          535 feet west of
                                          Promenade Street/South
                                          boundary: Approximately
                                          375 feet south of
                                          intersection Tinkham
                                          Street and Lincoln
                                          Street/West boundary:
                                          Approximately 610 feet
                                          west of Promenade Street.
Ponding................................  North boundary:                         +469  City of Havana.
                                          Approximately 810 feet
                                          south of Wagner Avenue/
                                          East boundary:
                                          Approximately 580 feet
                                          east of Pear Street/
                                          South boundary:
                                          Approximately 1,460 feet
                                          south of Wagner Avenue/
                                          West boundary: At Pear
                                          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.

                                                    ADDRESSES
                                                 City of Havana
Maps are available for inspection at City Hall, 227 West Main Street, Havana, IL 62644.

                                      Unincorporated Areas of Mason County
Maps are available for inspection at the Mason County Courthouse, Zoning Office, 125 North Plum Street, Havana,
 IL 62644.

Village of Bath
Maps are available for inspection at the Village Hall, 205 East 1st Street, Bath, IL 62617.
----------------------------------------------------------------------------------------------------------------

                                   Iosco County, Michigan (All Jurisdictions)
                                             Docket No. FEMA-B-1147
----------------------------------------------------------------------------------------------------------------
Cedar Lake.............................  Entire shoreline in Iosco               +609  Township of Oscoda.
                                          County.
Lake Huron.............................  Entire shoreline in the                 +584  Township of Alabaster.
                                          Township of Alabaster.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Township of Alabaster
Maps are available for inspection at 1716 South U.S. Route 23, Tawas City, MI 48763.

Township of Oscoda
Maps are available for inspection at 110 South State Street, Oscoda, MI 48750.
----------------------------------------------------------------------------------------------------------------
                                  Sanilac County, Michigan (All Jurisdictions)
                                             Docket No. FEMA-B-1128
----------------------------------------------------------------------------------------------------------------
Lake Huron.............................  Entire shoreline within                 +584  Township of Delaware,
                                          Sanilac County.                               Township of Forester,
                                                                                Township of Lexington,
                                                                                Township of Sanilac,
                                                                                Township of Worth,
                                                                                Village of Forestville,
                                                                                Village of Lexington,
                                                                                Village of Port Sanilac.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Township of Delaware
Maps are available for inspection at 3375 Charleston Road, Minden City, MI 48456.

Township of Forester
Maps are available for inspection at 5680 East Deckerville Road, Deckerville, MI 48427.

Township of Lexington
Maps are available for inspection at 7227 Huron Avenue, Suite 200, Lexington, MI 48450.

Township of Sanilac
Maps are available for inspection at 20 North Ridge Street, Port Sanilac, MI 48469.

Township of Worth
Maps are available for inspection at 6903 South Lakeshore Road, Lexington, MI 48450.

Village of Forestville
Maps are available for inspection at 5605 Cedar Avenue, Forestville, MI 48434.

Village of Lexington
Maps are available for inspection at 7227 Huron Avenue, Suite 100, Lexington, MI 48450.

Village of Port Sanilac
Maps are available for inspection at 56 North Ridge Street, Port Sanilac, MI 48469.
----------------------------------------------------------------------------------------------------------------
                               Greene County, Mississippi, and Incorporated Areas
                                             Docket No.: FEMA-B-1158
----------------------------------------------------------------------------------------------------------------
Leaf River.............................  Approximately 1.1 miles                  +74  Unincorporated Areas of
                                          downstream of U.S. Route                      Greene County.
                                          98.
                                         Approximately 4.2 miles                  +85
                                          upstream of U.S. Route
                                          98.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                      Unincorporated Areas of Greene County
Maps are available for inspection at the Greene County Courthouse, 400 Main Street, Leakesville, MS 39451.
----------------------------------------------------------------------------------------------------------------
                                 Dakota County, Nebraska, and Incorporated Areas
                                             Docket No. FEMA-B-1133
----------------------------------------------------------------------------------------------------------------
Crystal Cove...........................  Just upstream of I-129                 +1086  City of South Sioux City.
                                          along U.S. Route 77.
Crystal Lake...........................  From just upstream of                  +1086  City of South Sioux City,
                                          152nd Street to just                          Unincorporated Areas of
                                          downstream of U.S Route                       Dakota County.
                                          77.
Crystal Lake Northwest.................  From just downstream of                +1093  City of South Sioux City.
                                          Golf Road to just
                                          upstream of 142nd Street.
Crystal Lake-Sump Area.................  From the intersection of               +1098  City of South Sioux City.
                                          Old Sawmill Road and
                                          unnamed road to
                                          approximately 780 feet
                                          south, extending
                                          approximately 1,050 feet
                                          west along Old Sawmill
                                          Road.
Missouri River.........................  Approximately 1 mile                   +1069  City of Dakota City, City
                                          downstream of the                             of South Sioux City,
                                          confluence with Omaha                         Unincorporated Areas of
                                          Creek Ditch.                                  Dakota County.
                                         Approximately 0.9 mile                 +1102
                                          upstream of the
                                          confluence with Aowa
                                          Creek.
Old Silver Lake Creek..................  At the confluence with                 +1090  City of South Sioux City.
                                          the Missouri River.
                                         Approximately 200 feet                 +1092
                                          downstream of West 29th
                                          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.

                                                    ADDRESSES
City of Dakota City
Maps are available for inspection at 1511 Broadway Street, Dakota City, NE 68731.

City of South Sioux City
Maps are available for inspection at 1615 1st Avenue, South Sioux City, NE 68776.

                                      Unincorporated Areas of Dakota County
                Maps are available for inspection at 1601 Broadway Street, Dakota City, NE 68731.
----------------------------------------------------------------------------------------------------------------
                               Washington County, Nebraska, and Incorporated Area
                                             Docket No. FEMA-B-1147
----------------------------------------------------------------------------------------------------------------
Cameron Ditch..........................  At the confluence with                 +1009  City of Blair.
                                          the Missouri River.
                                         Just downstream of                     +1009
                                          Washington Street.
Cauble Creek...........................  Just upstream of U.S.                  +1064  City of Blair.
                                          Route 75 (Herman
                                          Boulevard).
                                         Approximately 1,500 feet               +1243
                                          west of Nebraska Highway
                                          31.
Cauble Creek East Tributary............  At the confluence with                 +1036  City of Blair.
                                          Cauble Creek.
                                         Approximately 100 feet                 +1036
                                          downstream of Pinewood
                                          Drive.
Missouri River.........................  At the Douglas County                   +995  City of Blair, City of
                                          boundary.                                     Fort Calhoun,
                                                                                Unincorporated Areas of
                                                                                Washington County,
                                                                                Village of Herman.
                                         At the Burt County                     +1018
                                          boundary.
Unnamed Creek..........................  Approximately 400 feet                 +1066  City of Blair.
                                          downstream of South 10th
                                          Street.
                                         Approximately 1,500 feet               +1233
                                          upstream of Pi Hack
                                          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.

                                                    ADDRESSES
City of Blair
Maps are available for inspection at 218 South 16th Street, Blair, NE 68008.

City of Fort Calhoun
Maps are available for inspection at 110 South 14th Street, Fort Calhoun, NE 68023.

                                    Unincorporated Areas of Washington County
Maps are available for inspection at 111 West 4th Street, Kennard, NE 68034.

Village of Herman
Maps are available for inspection at 504 U.S. Route 75, Herman, NE 68029.
----------------------------------------------------------------------------------------------------------------
                                 Fairfield County, Ohio, and Incorporated Areas
                                             Docket No. FEMA-B-1109
----------------------------------------------------------------------------------------------------------------
Baltimore Tributary....................  At the confluence with                  +847  Unincorporated Areas of
                                          Pawpaw Creek.                                 Fairfield County,
                                                                                Village of Baltimore.
                                         Approximately 0.41 mile                 +860
                                          downstream of Roley Road.
Buckeye Lake...........................  Entire shoreline.........               +893  Unincorporated Areas of
                                                                                Fairfield County,
                                                                                Village of Millersport.
Clark Run..............................  At the confluence with                  +804  Unincorporated Areas of
                                          Rush Creek.                                   Fairfield County.
                                         Approximately 586 feet                  +805
                                          upstream of the
                                          confluence with Rush
                                          Creek.
Claypool Run...........................  At the confluence with                  +838  Unincorporated Areas of
                                          Ohio Canal.                                   Fairfield County.
                                         Approximately 200 feet                  +909
                                          downstream of Brook Road.
Crumley Creek..........................  At the confluence with                  +905  Unincorporated Areas of
                                          Hunters Run.                                  Fairfield County.
                                         Approximately 850 feet                  +914
                                          upstream of the
                                          confluence with Hunters
                                          Run.
Georges Creek..........................  Approximately 1,588 feet                +798  City of Pickerington.
                                          downstream of Conrail
                                          Railroad.
                                         At the upstream side of                 +815
                                          Pickerington Ridge Road.
Greenfield Creek.......................  At the confluence with                  +830  Unincorporated Areas of
                                          Ohio Canal.                                   Fairfield County.
                                         Approximately 1,400 feet                +898
                                          upstream of Coonpath
                                          Road.
Greenfield Creek Escape................  At the confluence with                  +839  Unincorporated Areas of
                                          Claypool Run.                                 Fairfield County.
                                         Approximately 2,000 feet                +854
                                          downstream of Election
                                          House Road.
Greenfield Creek Split.................  At the confluence with                  +865  Unincorporated Areas of
                                          Greenfield Creek.                             Fairfield County.
                                         Approximately 2,000 feet                +872
                                          upstream of the
                                          confluence with
                                          Greenfield Creek.
Hocking River..........................  Approximately 100 feet                  +808  City of Lancaster,
                                          downstream of Sugar                           Unincorporated Areas of
                                          Grove Road.                                   Fairfield County.
                                         Approximately 650 feet                  +886
                                          upstream of the
                                          confluence with Wilson
                                          Creek.
Hocking River Lateral D................  At the confluence with                  +826  City of Lancaster.
                                          the Hocking River.
                                         Approximately 125 feet                  +830
                                          downstream of Collins
                                          Road.
Hunters Run............................  At the confluence with                  +815  City of Lancaster,
                                          the Hocking River.                            Unincorporated Areas of
                                                                                Fairfield County.
                                         Approximately 250 feet                  +967
                                          downstream of Mt. Zion
                                          Road.
Ohio Canal.............................  At the confluence with                  +825  City of Lancaster,
                                          the Hocking River.                            Unincorporated Areas of
                                                                                Fairfield County.
                                         At the confluence with                  +844
                                          Ohio Canal Lateral A.
Ohio Canal Lateral A...................  At the confluence with                  +844  Unincorporated Areas of
                                          Ohio Canal.                                   Fairfield County.
                                         Approximately 705 feet                  +848
                                          downstream of U.S. Route
                                          33.
Pawpaw Creek...........................  At the confluence with                  +844  Unincorporated Areas of
                                          Walnut Creek.                                 Fairfield County,
                                                                                Village of Baltimore.
                                         Approximately 1,169 feet                +868
                                          upstream of North Main
                                          Street.
Rush Creek.............................  Approximately 0.8 mile                  +800  Unincorporated Areas of
                                          downstream of the                             Fairfield County.
                                          confluence with Clark
                                          Run.
                                         Approximately 283 feet                  +803
                                          upstream of the
                                          confluence with Clark
                                          Run.
South Fork Licking River...............  At the upstream side of                 +886  Unincorporated Areas of
                                          Walnut Road at the west                       Fairfield County.
                                          crossing of the South
                                          Fork Licking River.
                                         At the upstream side of                 +892
                                          Walnut Road at the east
                                          crossing of the South
                                          Fork Licking River.

Stonewall Creek........................  At the confluence with                  +860  Unincorporated Areas of
                                          Hunters Run.                                  Fairfield County.
                                         Approximately 0.46 mile                 +899
                                          upstream of U.S. Route
                                          22.
Sycamore Creek.........................  At the confluence with                  +773  City of Pickerington,
                                          Walnut Creek.                                 Unincorporated Areas of
                                                                                Fairfield County.
                                         Approximately 505 feet                 +1019
                                          upstream of DeCarlo Lane.
Tributary B............................  At the upstream side of                 +791  Unincorporated Areas of
                                          Paradise Road.                                Fairfield County.
                                         Approximately 956 feet                  +791
                                          upstream of Paradise
                                          Road.
Unnamed Tributary to Sycamore Creek....  At the confluence with                  +841  City of Pickerington,
                                          Sycamore Creek.                               Unincorporated Areas of
                                                                                Fairfield County.
                                         Approximately 0.44 mile                 +881
                                          upstream of Doty Road.
Unnamed Tributary to Walnut Creek        At the confluence with                  +867  Unincorporated Areas of
 (backwater effects from Walnut Creek).   Walnut Creek.                                 Fairfield County,
                                                                                Village of Thurston.
                                         Approximately 1,240 feet                +867
                                          upstream of the
                                          confluence with Walnut
                                          Creek.
Willow Run.............................  At the confluence with                  +816  City of Pickerington,
                                          Sycamore Creek.                               Unincorporated Areas of
                                                                                Fairfield County.
                                         Approximately 250 feet                  +918
                                          downstream of Refugee
                                          Road.
Wilson Creek...........................  At the confluence with                  +884  Unincorporated Areas of
                                          the Hocking River.                            Fairfield County.
                                         Approximately 200 feet                  +903
                                          downstream of Mt. Zion
                                          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.

                                                    ADDRESSES
City of Lancaster
Maps are available for inspection at 121 East Chestnut Street, Lancaster, OH 43130.

City of Pickerington
Maps are available for inspection at 100 Lockville Road, Pickerington, OH 43137.

                                    Unincorporated Areas of Fairfield County
Maps are available for inspection at 210 East Main Street, Lancaster, OH 43130.

Village of Baltimore
Maps are available for inspection at 103 West Market Street, Baltimore, OH 42105.

Village of Millersport
Maps are available for inspection at 2245 Refugee Street, Millersport, OH 43046.

Village of Thurston
Maps are available for inspection at 2215 Main Street, Thurston, OH 43157.
----------------------------------------------------------------------------------------------------------------
                               Butte County, South Dakota, and Incorporated Areas
                                             Docket No. FEMA-B-1155
----------------------------------------------------------------------------------------------------------------
Belle Fourche River....................  At the upstream side of                +3008  City of Belle Fourche,
                                          U.S. Route 212.                               Unincorporated Areas of
                                                                                Butte County.
                                         Approximately 0.7 mile                 +3019
                                          upstream of Fairground
                                          Road.
Hay Creek..............................  Approximately 500 feet                 +3042  City of Belle Fourche,
                                          downstream of U.S. Route                      Unincorporated Areas of
                                          85.                                           Butte County.
                                         Approximately 0.9 mile                 +3089
                                          downstream of Black
                                          Angus Lane.
Redwater River.........................  Approximately 1,200 feet               +3016  City of Belle Fourche,
                                          downstream of U.S. Route                      Unincorporated Areas of
                                          212B.                                         Butte County.
                                         Approximately 700 feet                 +3023
                                          upstream of U.S. Route
                                          212B.
Willow Creek...........................  Approximately 0.5 mile                 +3022  City of Belle Fourche,
                                          downstream of Snoma                           Unincorporated Areas of
                                          Street.                                       Butte County.

                                         Approximately 1,650 feet               +3183
                                          downstream of West Wood
                                          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.

                                                    ADDRESSES
City of Belle Fourche
Maps are available for inspection at 511 6th Avenue, Belle Fourche, SD 57717.

                                      Unincorporated Areas of Butte County
Maps are available for inspection at 830 6th Avenue, Belle Fourche, SD 57717.
----------------------------------------------------------------------------------------------------------------
                               Custer County, South Dakota, and Incorporated Areas
                                             Docket No. FEMA-B-1155
----------------------------------------------------------------------------------------------------------------
Battle Creek...........................  Approximately 1.6 miles                +3262  Town of Hermosa,
                                          downstream of Chicago                         Unincorporated Areas of
                                          and Northwest Railroad.                       Custer County.
                                         Approximately 600 feet                 +3388
                                          upstream of Paradise
                                          Road.
Ferguson Split Flow-Battle Creek.......  Approximately 0.5 mile                 +3260  Town of Hermosa,
                                          downstream of                                 Unincorporated Areas of
                                          Fairgrounds Place.                            Custer County.
                                         Approximately 130 feet                 +3292
                                          upstream of Donna Street.
Grace Coolidge Creek...................  Approximately 180 feet                 +3341  Unincorporated Areas of
                                          downstream of the                             Custer County.
                                          divergence from Battle
                                          Creek.
                                         Approximately 3.1 miles                +3473
                                          upstream of State
                                          Highway 36.
Railroad Spill Flow-Battle Creek.......  Just upstream of the                   +3290  Town of Hermosa,
                                          confluence with Battle                        Unincorporated Areas of
                                          Creek.                                        Custer County.
                                         Just downstream of the                 +3294
                                          divergence from Battle
                                          Creek.
South Bank Split Flow-Battle Creek.....  Approximately 1,200 feet               +3310  Unincorporated Areas of
                                          upstream of the                               Custer County.
                                          confluence with Battle
                                          Creek.
                                         Approximately 870 feet                 +3325
                                          upstream of Yellow Oak
                                          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.

                                                    ADDRESSES
Town of Hermosa
Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730.

                                      Unincorporated Areas of Custer County
Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730.
----------------------------------------------------------------------------------------------------------------
                              Sanborn County, South Dakota, and Incorporated Areas
                                             Docket No. FEMA-B-1158
----------------------------------------------------------------------------------------------------------------
Branch 4 of Ditch 21...................  At the confluence with                 +1298  Unincorporated Areas of
                                          County Ditch No. 6 and                        Sanborn County.
                                          County Ditch No. 8.
                                         Just downstream of 227th               +1305
                                          Street.
County Ditch No. 6.....................  At the confluence with                 +1298  Unincorporated Areas of
                                          County Ditch No. 8 and                        Sanborn County.
                                          Branch 4 of Ditch 21.
                                         Approximately 630 feet                 +1307
                                          upstream of 396th Avenue.
County Ditch No. 7.....................  Approximately 350 feet                 +1300  City of Woonsocket,
                                          downstream of 397th                           Unincorporated Areas of
                                          Avenue.                                       Sanborn County.
                                         Approximately 0.6 mile                 +1302
                                          upstream of 396th Avenue.
County Ditch No. 8.....................  Approximately 0.6 mile                 +1292  City of Woonsocket,
                                          downstream of 398th                           Unincorporated Areas of
                                          Avenue.                                       Sanborn County.
                                         At the confluence with                 +1298
                                          County Ditch No. 6 and
                                          Branch 4 of Ditch 21.
Dry Run 8..............................  At the confluence with                 +1295  Unincorporated Areas of
                                          County Ditch No. 8.                           Sanborn County.

                                         Approximately 1.3 miles                +1297
                                          upstream of the
                                          confluence with County
                                          Ditch No. 8.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Woonsocket
Maps are available for inspection at City Hall, 103 South 3rd Avenue, Woonsocket, SD 57385.

                                     Unincorporated Areas of Sanborn County
Maps are available for inspection at the Sanborn County Government Offices, 604 West 6th Street, Woonsocket, SD
 57385.
----------------------------------------------------------------------------------------------------------------
                                Marion County, Tennessee, and Incorporated Areas
                                             Docket No. FEMA-B-1134
----------------------------------------------------------------------------------------------------------------
Little Sequatchie River................  Approximately 2,500 feet                +628  Unincorporated Areas of
                                          downstream of Valley                          Marion County.
                                          View Highway.
                                         Approximately 1,400 feet                +630
                                          downstream of Valley
                                          View Highway.
Town Creek.............................  Just upstream of U.S.                   +619  Town of Jasper.
                                          Route 64.
                                         Approximately 4,000 feet                +619
                                          upstream of U.S. Route
                                          64.
West Fork Pryor Cove Branch............  At the confluence with                  +717  Town of Jasper,
                                          Pryor Cove Branch.                            Unincorporated Areas of
                                                                                Marion County.
                                         Approximately 3,200 feet                +784
                                          upstream of the
                                          confluence with Pryor
                                          Cove Branch.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Town of Jasper
Maps are available for inspection at 4460 Main Street, Jasper, TN 37347.

                                      Unincorporated Areas of Marion County
Maps are available for inspection at 4460 Main Street, Jasper, TN 37347.
----------------------------------------------------------------------------------------------------------------
                                  Taylor County, Texas, and Incorporated Areas
                                       Docket Nos. FEMA-B-1060 and B-1170
----------------------------------------------------------------------------------------------------------------
Button Willow Creek....................  Just downstream of                     +1756  City of Abilene.
                                          Treadway Boulevard.
                                         Just upstream of Beltway               +1825
                                          South.
Cat Claw Creek.........................  At the confluence with                 +1677  City of Abilene,
                                          Elm Creek.                                    Unincorporated Areas of
                                                                                Taylor County.
                                         Approximately 2 miles                  +1842
                                          upstream of FM 707.
Cat Claw Creek Diversion Channel.......  At the confluence with                 +1758  City of Abilene.
                                          Cat Claw Creek.
                                         Just upstream of Nonesuch              +1762
                                          Road.
Cat Claw Creek Diversion Channel 1.....  At the confluence with                 +1762  City of Abilene.
                                          Cat Claw Drive Channel.
                                         Just upstream of Nonesuch              +1762
                                          Road.
Cat Claw Drive Channel.................  Just downstream of                     +1762  City of Abilene.
                                          Southwest Drive.
                                         At the confluence with                 +1777
                                          Cat Claw Creek.
Cedar Creek............................  Just upstream of North                 +1688  City of Abilene,
                                          10th Street.                                  Unincorporated Areas of
                                                                                Taylor County.
                                         Just downstream of                     +1791
                                          Beltway South.
Elm Creek..............................  Approximately 0.7 mile                 +1650  City of Abilene, Town of
                                          downstream of Nugent                          Impact, Unincorporated
                                          Road.                                         Areas of Taylor County.
                                         Approximately 1 mile                   +1831
                                          upstream from FM 707.
Elm Creek Diversion 1..................  At the confluence with                 +1725  City of Abilene.
                                          Elm Creek.
                                         Just downstream of Don                 +1727
                                          Juan Street.

Elm Creek Loop 1.......................  Ending at the lower                    +1656  City of Abilene,
                                          confluence with Elm                           Unincorporated Areas of
                                          Creek.                                        Taylor County.
                                         Starting at the upper                  +1663
                                          confluence with Elm
                                          Creek.
Elm Creek Overflow.....................  At the confluence with                 +1732  City of Abilene.
                                          Little Elm Creek.
                                         Approximately 1,800 feet               +1769
                                          upstream of Twylight
                                          Trail.
Elm Creek Overflow Path 1..............  At the confluence with                 +1685  City of Abilene.
                                          Swale A-1.
                                         Just upstream of Ambler                +1701
                                          Avenue.
Elm Creek Overflow Path 1-A............  At the confluence with                 +1696  City of Abilene.
                                          Elm Creek Overflow Path
                                          1.
                                         Approximately 0.5 mile                 +1702
                                          upstream of Ambler
                                          Avenue.
Elm Creek Overflow Path 2..............  At the confluence with                 +1702  City of Abilene.
                                          Elm Creek.
                                         Just downstream of Texas               +1721
                                          and Pacific Railroad.
Elm Creek to Cedar Creek Overflow......  Approximately 1.3 miles                +1646  City of Abilene,
                                          downstream of FM 3308.                        Unincorporated Areas of
                                                                                Taylor County.
                                         Just downstream of FM                  +1656
                                          3308.
Indian Creek...........................  At the confluence with                 +1693  City of Abilene,
                                          Elm Creek.                                    Unincorporated Areas of
                                                                                Taylor County.
                                         Approximately 0.9 mile                 +1699
                                          upstream of Shirley Road.
Little Elm Creek.......................  At the confluence with                 +1702  City of Abilene,
                                          Elm Creek.                                    Unincorporated Areas of
                                                                                Taylor County.
                                         Approximately 1 mile                   +1784
                                          upstream of Dyess Air
                                          Force Service Road.
Little Elm Creek Overflow A............  At the confluence with                 +1729  City of Abilene.
                                          Little Elm Creek.
                                         At the confluence with                 +1750
                                          Elm Creek Overflow.
Lytle Creek............................  At the confluence with                 +1697  City of Abilene,
                                          Cedar Creek.                                  Unincorporated Areas of
                                                                                Taylor County.
                                         Just downstream of County              +1760
                                          Road 111-1.
Rainy Creek............................  Just downstream of Lowden              +1670  City of Abilene.
                                          Street.
                                         Just downstream of North               +1696
                                          10th Street.
Swale A................................  Just upstream of I-20....              +1685  City of Abilene.
                                         Just downstream of State               +1713
                                          Street.
Swale A-1..............................  Just upstream of I-20....              +1685  City of Abilene.
                                         Just downstream of Yale                +1715
                                          Avenue.
Tributary No. 1 to Elm Creek...........  At the confluence with                 +1767  City of Abilene,
                                          Elm Creek.                                    Unincorporated Areas of
                                                                                Taylor County.
                                         Approximately 1.6 miles                +1792
                                          upstream of Rebecca Lane.
Tributary No. 1 to Little Elm Creek....  Just downstream of I-20                +1712  City of Abilene.
                                          Business.
                                         Approximately 1.5 miles                +1734
                                          upstream of I-20
                                          Business.
Tributary No. 2 to Elm Creek...........  At the confluence with                 +1781  City of Abilene,
                                          Elm Creek.                                    Unincorporated Areas of
                                                                                Taylor County.
                                         Just upstream of County                +1811
                                          Road 314.
Unnamed Tributary to Cat Claw Creek....  At the confluence with                 +1803  City of Abilene.
                                          Cat Claw Creek.
                                         Approximately 600 feet                 +1821
                                          upstream of Rio Mesa
                                          Road.
Unnamed Tributary to Rainy Creek.......  At the confluence with                 +1694  City of Abilene.
                                          Rainy Creek.
                                         Just downstream of                     +1695
                                          Stamford 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.

                                                    ADDRESSES
City of Abilene
Maps are available for inspection at 555 Walnut Street, Abilene, TX 79601.

Town of Impact
Maps are available for inspection at 555 Walnut Street, Abilene, TX 79602.

                                      Unincorporated Areas of Taylor County
Maps are available for inspection at 400 Oak Street, Suite 107, Abilene, TX 79602.
----------------------------------------------------------------------------------------------------------------
                               La Crosse County, Wisconsin, and Incorporated Areas
                                             Docket No. FEMA-B-1155
----------------------------------------------------------------------------------------------------------------
Black River............................  Approximately 0.5 mile                  +694  Unincorporated Areas of
                                          downstream of the                             La Crosse County.
                                          confluence with Davis
                                          Creek.
                                         Approximately 3.36 miles                +706
                                          upstream of the
                                          confluence with Hardies
                                          Creek.
Ebner Coulee Main Channel..............  Approximately 1,584 feet                +659  City of La Crosse,
                                          downstream of 29th                            Unincorporated Areas of
                                          Street.                                       La Crosse County.
                                         Approximately 1,584 feet                +697
                                          upstream of 29th Street.
Ebner Coulee Southeast Bank............  Approximately 52.8 feet                 +665  City of La Crosse.
                                          upstream of 29th Street.
                                         Approximately 528 feet                  +673
                                          upstream of 29th 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.

                                                    ADDRESSES
City of La Crosse
Maps are available for inspection at City Hall, 400 La Crosse Street, La Crosse, WI 54601.

                                    Unincorporated Areas of La Crosse County
Maps are available for inspection at 400 4th Street North, La Crosse, WI 54601.
----------------------------------------------------------------------------------------------------------------

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

    Dated: December 5, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-32595 Filed 12-20-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: April 14, 2009 (Volume 74, Number 70)]
[Notices]
[Page 17267-17268]
[DOCID:fr14ap09-124]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59722; File No. SR-FINRA-2009-022]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Order Granting Accelerated
Approval of Proposed Rule Change Relating to FINRA's Regulatory Notice
on the FINRA Rule 9520 Series (Eligibility Proceedings)

April 7, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 31, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
below, which Items have been substantially prepared by FINRA. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons and to approve the
proposal on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA proposes to make technical amendments to the proposed
Regulatory Notice entitled ``Eligibility Proceedings: Amendments to
FINRA Rule 9520 Series to Establish Procedures Applicable to Firms and
Associated Persons Subject to Certain Statutory Disqualifications''
(the ``SD Regulatory Notice'') that details impending changes to the
FINRA Rule 9520 Series. The Commission recently approved amendments to
the FINRA Rule 9520 Series, which governs the eligibility procedures
for persons subject to certain disqualifications, to comport with the
amended definition of disqualification in the FINRA By-Laws.\3\ The
amendments to the FINRA Rule 9520 Series will become effective on June
15, 2009.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 59586 (March 17,
2009), 74 FR 12166 (March 23, 2009) (SR-FINRA-2008-045) (``SD
Approval Order'').
---------------------------------------------------------------------------

    The proposed rule change makes technical amendments to the original
SD Regulatory Notice filed on September 8, 2008, in connection with the
amendments to the FINRA Rule 9520 Series.
    The text of the proposed rule change is available at FINRA, the
Commission's Public Reference Room, and http://www.finra.org.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In September 2008, FINRA filed a proposed rule change to amend the
FINRA Rule 9520 Series, which governs eligibility proceedings under
which FINRA may allow a person subject to a statutory disqualification
to enter or remain in the securities industry, to comport with the
amended definition of disqualification in the FINRA By-Laws. FINRA
filed the original SD Regulatory Notice as part of its original filing
on September 8, 2008, and amended its filing on December 11, 2008.\4\
The SD Regulatory Notice describes in detail the circumstances under
which persons must obtain FINRA approval to enter or remain in the
securities industry, notwithstanding the existence of additional
categories of statutory disqualification. The proposed rule change was
published for comment in the Federal Register on January 13, 2009.\5\
The Commission received no comments on the proposed rule change. On
March 17, 2009, the Commission

approved the proposed rule change and issued the SD Approval Order.\6\
---------------------------------------------------------------------------

    \4\ See SR-FINRA-2008-045, Exhibit 2 (filed September 8, 2008).
Amendment No. 1 to SR-FINRA-2008-045 replaced and superseded the
original rule filing except with regard to Exhibit 2.
    \5\ See Securities Exchange Act Release No. 59208 (January 6,
2009), 74 FR 1738 (January 13, 2009) (SR-FINRA-2008-045) (notice).
    \6\ See supra note 3.
---------------------------------------------------------------------------

    The current proposed rule change makes several technical amendments
to the SD Regulatory Notice to, among other things, comport with the
amendments to the FINRA Rule 9520 Series and the Commission's SD
Approval Order.\7\ In addition, the proposed rule change updates the
status of FINRA's rule filing regarding revising the questions on Forms
U4 and U5, which is referenced in a footnote of the SD Regulatory
Notice.\8\
---------------------------------------------------------------------------

    \7\ See Exhibit 2. For example, the proposed amendments to the
SD Regulatory Notice note that, with respect to the Department of
Member Regulation review of applications, disqualified persons, in
addition to disqualified members or sponsoring members, as the case
may be, may be providing consent to supervisory plans. In addition,
they replace the term ``sponsoring member firm'' with ``sponsoring
member.'' Further, the proposed amendments replace the phrase ``[i]f
the parties cannot agree on a supervisory plan'' with ``[i]f a
supervisory plan is rejected.'' The proposed amendments also replace
references to ``Securities Exchange Act'' with ``Exchange Act'' for
consistency. Finally, the proposed amendments add a footnote that
references the SD Approval Order and the current filing.
    \8\ See Exhibit 2, at note 7.
---------------------------------------------------------------------------

    The effective date of the technical amendments to the SD Regulatory
Notice pursuant to the proposed rule change will be the date of
Commission approval of the proposed rule change. The effective date of
the related amendments to the FINRA Rule 9520 Series, as detailed in
the SD Regulatory Notice, will be June 15, 2009.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among
other things, that FINRA's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the provisions of the Act noted above in that the
proposed technical amendments to the SD Regulatory Notice will conform
the text to the proposed amendments to the FINRA Rule 9520 Series and
the Commission's recent SD Approval Order.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-022 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2009-022. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2009-022 and should be
submitted on or before May 5, 2009.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of Section 15 of the
Act and the rules and regulations thereunder applicable to a national
securities association.\10\ In particular, the Commission finds that
the proposed rule change is consistent with Section 15A(b)(6) of the
Act \11\ because the proposed technical amendments will conform the SD
Regulatory Notice to the FINRA Rule 9520 Series and the Commission's
recent SD Approval Order.
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    \10\ In approving this proposed rule change, the Commission has
considered its impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78o-3(b)(6).
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    FINRA has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after
publication of the notice thereof in the Federal Register. Granting
accelerated approval will allow FINRA to inform its members of the
amendments to the FINRA Rule 9520 Series that will become effective on
June 15, 2009. Accordingly, the Commission finds good cause, pursuant
to Section 19(b)(2) of the Act,\12\ for approving the proposed rule
change prior to the thirtieth day after publication of the notice
thereof in the Federal Register.
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    \12\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-FINRA-2009-022) be, and
hereby is, approved on an accelerated basis.
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    \13\ Id.
    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-8423 Filed 4-13-09; 8:45 am]

BILLING CODE 8010-01-P