[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Proposed Rules]
[Page 66602-66613]
[DOCID:fr16de09-27]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1083]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents, and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before March 16, 2010.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1083, to
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own, or pursuant to policies established
by other Federal, State, or regional entities. These proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

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

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in feet
                                                                                (NGVD)  + Elevation in
                                                                                feet (NAVD)
                                                                                Depth in feet above
                State                      City/town/county                 Source of flooding                                     Location **                               ground  [caret]
                                                                                Elevation in meters
                                                                                (MSL)
                                                                                -------------------------
                                                                                Existing     Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Town of Ennis, Montana
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Montana..............................  Town of Ennis...........  Moores Creek............................  Approximately 5,450 feet downstream of 1st Street..........         None        +4915
                                                                                Approximately 650 feet upstream of Moores Creek Road.......         None        +5030
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood
 Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                                                ADDRESSES
Town of Ennis
Maps are available for inspection at 328 West Main Street, Ennis, MT 59729.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                             elevation            Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Cross County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cooper Creek........................  Approximately 1,100             None         +279  Unincorporated Areas of
                                       feet upstream of State                             Cross County.
                                       Highway 1 Business.
                                      Approximately 0.58 mile         None         +286
                                       upstream of State
                                       Highway 1 Business.
Turkey Creek........................  Approximately 400 feet          None         +258  Unincorporated Areas of
                                       upstream of State                                  Cross County.
                                       Highway 1.
                                      Just upstream of Gibbs          None         +259
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Cross County
Maps are available for inspection at 705 Union Avenue East, Room 4, Wynne, AR 72396.
----------------------------------------------------------------------------------------------------------------
                                  Drew County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tenmile Creek.......................  Approximately 1,000             None         +208  Unincorporated Areas of
                                       feet downstream of the                             Drew County.
                                       Missouri Pacific
                                       Railroad.
                                      Just downstream of              None         +212
                                       Missouri Pacific
                                       Railroad.

Tenmile Tributary...................  Approximately 3,200             None         +222  City of Monticello,
                                       feet downstream of                                 Unincorporated Areas
                                       Ragland Avenue.                                    of Drew County.
                                      Just downstream of              None         +236
                                       Barkada Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Monticello
Maps are available for inspection at 204 West Gains Street, Monticello, AR 71655.

                                       Unincorporated Areas of Drew County
Maps are available for inspection at 210 South Main Street, Monticello, AR 71655.
----------------------------------------------------------------------------------------------------------------
                                Poinsett County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Left Hand Chute of Little River.....  At the confluence of            None         +212  Unincorporated Areas of
                                       St. Francis River.                                 Poinsett County.
                                      Approximately 0.45 mile         None         +216
                                       downstream of
                                       Leatherwood Lane.
                                      Approximately 1.02 mile         None         +220
                                       downstream of State
                                       Highway 140.
                                      Approximately 1,400             None         +223
                                       feet downstream of
                                       State Highway 140.
St. Francis River...................  Approximately 0.73 mile         None         +211  Unincorporated Areas of
                                       downstream of Highway                              Poinsett County.
                                       63.
                                      At the confluence of            None         +212
                                       Left Hand Chute of
                                       Little River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Poinsett County
Maps are available for inspection at the County Hall, Harrisburg, AR 72432.
----------------------------------------------------------------------------------------------------------------
                                 Saline County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hurricane Lake......................  Just downstream of              None         +369  City of Benton,
                                       Interstate 30.                                     Unincorporated Areas
                                                                                of Saline County.
                                      .......................
                                      Approximately 0.41 mile         None         +410
                                       downstream of Zuber
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Benton

Maps are available for inspection at 114 South East Street, Benton, AR 72015.

                                      Unincorporated Areas of Saline County
Maps are available for inspection at 200 North Main Street, Room 17, Benton, AR 72015.
----------------------------------------------------------------------------------------------------------------
                               Humboldt County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Redwood Creek (With all levees).....  At the confluence with          None          +10  Unincorporated Areas of
                                       the Pacific Ocean.                                 Humboldt County.
                                      Approximately 1.25 mile         None          +44
                                       upstream of U.S.
                                       Highway 101.
Redwood Creek (Without all levees)..  At the confluence with          None          +10  Unincorporated Areas of
                                       the Pacific Ocean.                                 Humboldt County.
                                      Approximately 1.25 mile         None          +42
                                       upstream of U.S.
                                       Highway 101.
Redwood Creek (Without all right      At the confluence with          None          +10  Unincorporated Areas of
 levees).                              the Pacific Ocean.                                 Humboldt County.
                                      Approximately 1.25 mile         None          +43
                                       upstream of U.S.
                                       Highway 101.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Humboldt County
Maps are available for inspection at the County Courthouse, 825 5th Street, Room 111, Eureka, CA 95501.
----------------------------------------------------------------------------------------------------------------
                               Oglethorpe County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Oconee River........................  At the confluence of            None         +461  Unincorporated Areas of
                                       Falling Creek.                                     Oglethorpe County.
                                      Approximately 0.4 mile          None         +477
                                       upstream of the county
                                       boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                    Unincorporated Areas of Oglethorpe County
Maps are available for inspection at the Oglethorpe County Board of Commissioners Office, 341 West Main Street,
 Lexington, GA 30648.
----------------------------------------------------------------------------------------------------------------
                                Wilkinson County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Commissioner Creek...........  Approximately 0.4 mile          None         +332  Unincorporated Areas of
                                       upstream of State                                  Wilkinson County.
                                       Route 18.
                                      Approximately 0.5 mile          None         +332
                                       upstream of State
                                       Route 18.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                    Unincorporated Areas of Wilkinson County
Maps are available for inspection at the County Courthouse, 100 Bacon Street, Irwinton, GA 31042.
----------------------------------------------------------------------------------------------------------------
                                  Bath County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Caney Creek (Backwater effects from   From confluence with            None         +747  Unincorporated Areas of
 Cave Run Lake).                       Cave Run Lake to                                   Bath County.
                                       approximately 0.6 mile
                                       upstream of the
                                       confluence with Cave
                                       Run Lake.
Cave Run Lake.......................  Entire shoreline of             None         +747  Unincorporated Areas of
                                       Cave Run Lake.                                     Bath County.
Sulpher Branch (Backwater effects     From confluence with            None         +747  Unincorporated Areas of
 from Cave Run Lake).                  Cave Run Lake to 2,000                             Bath County.
                                       feet upstream of the
                                       confluence with Cave
                                       Run Lake.
Trough Lick Branch (Backwater         From confluence with            None         +747  Unincorporated Areas of
 effects from Cave Run Lake).          Cave Run Lake to 2,000                             Bath County.
                                       feet upstream of the
                                       confluence with Cave
                                       Run Lake.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                       Unincorporated Areas of Bath County
Maps are available for inspection at 19 East Main Street, Owingsville, KY 40360.
----------------------------------------------------------------------------------------------------------------
                             Pointe Coupee Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Fordoche......................  Approximately 0.47 mile         None          +19  Town of Livonia.
                                       downstream of
                                       Interstate 190.
                                      Approximately 1.21 mile         None          +19
                                       upstream of Interstate
                                       Highway 190.
Bayou Fordoche......................  Approximately 0.54 mile         None          +26  Village of Fordoche.
                                       downstream of
                                       Robinhood Road.
                                      Approximately 900 feet          None          +27
                                       downstream of
                                       Robinhood Road.
False Bayou.........................  Just upstream of Texas           +29          +23  Unincorporated Areas of
                                       and Union Railroad.                                Pointe Coupee Parish.
                                      Approximately 1,500              +29          +27
                                       feet upstream of Texas
                                       and Union Railroad.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Livonia
Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760.

                                  Unincorporated Areas of Pointe Coupee Parish
Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760.

Village of Fordoche
Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760.
----------------------------------------------------------------------------------------------------------------

                               Dorchester County, Maryland, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Marshy Hope Creek...................  Approximately at the            None          +11  Unincorporated Areas of
                                       county boundary with                               Dorchester County.
                                       Caroline County.
                                      Approximately 250 feet          None          +11
                                       downstream of the Town
                                       of Federalsburg
                                       corporate limits.
Wright's Branch.....................  Approximately at                None          +35  Unincorporated Areas of
                                       Delaware Avenue.                                   Dorchester County.
                                      Approximately 400 feet          None          +37
                                       upstream of Andrews
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                    Unincorporated Areas of Dorchester County
Maps are available for inspection at the County Office Building, 501 Court Lane, Cambridge, MD 21613.
----------------------------------------------------------------------------------------------------------------
                                Somerset County, Maryland, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Loretta Branch......................  Approximately 125 feet          None           +5  Unincorporated Areas of
                                       downstream of Umes                                 Somerset County.
                                       Boulevard.
                                      Approximately at the            None           +5
                                       confluence with
                                       Manokin River and
                                       Manokin Branch.
Manokin Branch......................  Approximately at the            None           +5  Unincorporated Areas of
                                       confluence with                                    Somerset County.
                                       Manokin River and
                                       Loretta Branch.
                                      Approximately 750 feet          None           +5
                                       upstream of Broad
                                       Street.
Manokin River.......................  Approximately 4,000             None           +5  Unincorporated Areas of
                                       feet upstream of the                               Somerset County.
                                       confluence with Taylor
                                       Creek.
                                      Approximately at the            None           +5
                                       crossing of Somerset
                                       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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Somerset County
Maps are available for inspection at 319 West Main Street, Crisfield, MD 21817.
----------------------------------------------------------------------------------------------------------------
                              Prentiss County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tennessee-Tombigbee Waterway (Bay     Entire shoreline                None         +420  Unincorporated Areas of
 Springs Lake).                        (within county).                                   Prentiss County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Prentiss County
Maps are available for inspection at the County Courthouse, 2301 North 2nd Street, Booneville, MS 38829.
----------------------------------------------------------------------------------------------------------------
                                   Gallia County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Campaign Creek (backwater effects     Approximately 640 feet          None         +571  Unincorporated Areas of
 from Ohio River).                     upstream of Bulaville                              Gallia County.
                                       Pike.
                                      Approximately 0.7 mile          None         +571
                                       upstream of Bulaville
                                       Pike.
Clear Fork (backwater effects from    Confluence with Raccoon         None         +566  Unincorporated Areas of
 Ohio River).                          Creek.                                             Gallia County.
                                      Approximately 0.6 mile          None         +566
                                       downstream of State
                                       Route 141.
Little Swan Creek (backwater effects  Confluence with Swan            None         +561  Unincorporated Areas of
 from Ohio River).                     Creek.                                             Gallia County.
                                      Approximately 0.7 mile          None         +561
                                       upstream of confluence
                                       with Swan Creek.
Raccoon Creek.......................  Approximately 1.9 mile          None         +605  Unincorporated Areas of
                                       downstream of State                                Gallia County, Village
                                       Route 160 in the                                   of Vinton.
                                       Village of Vinton.
                                      Approximately 0.8 mile          None         +613
                                       upstream of State
                                       Route 160 in the
                                       Village of Vinton.
Raccoon Creek (backwater effects      Approximately 0.6 mile          None         +566  Unincorporated Areas of
 from Ohio River).                     upstream of Little                                 Gallia County.
                                       Raccoon Creek's
                                       confluence with
                                       Raccoon Creek.
                                      Approximately 0.7 mile          None         +566
                                       upstream of Lincoln
                                       Pike.
Swan Creek (backwater effects from    Approximately 1,020             None         +561  Unincorporated Areas of
 Ohio River).                          feet downstream of                                 Gallia County.
                                       Swan Creek Road.
                                      Approximately 1,360             None         +561
                                       feet downstream of
                                       Peters Branch Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Gallia County
Maps are available for inspection at 111 Jackson Pike, Suite 1569, Gallipolis, OH 45631.

Village of Vinton
Maps are available for inspection at 111 Jackson Pike, Suite 1569, Gallipolis, OH 45631.
----------------------------------------------------------------------------------------------------------------
                                Le Flore County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Caston Creek........................  Just upstream of the            None         +463  Unincorporated Areas of
                                       confluence with the                                Le Flore County.
                                       Poteau River.
                                      Approximately 500 feet          None         +470
                                       upstream of the
                                       confluence with
                                       Mountain Creek.
Morris Creek........................  Approximately 200 feet          None         +469  Town of Howe,
                                       downstream of Old                                  Unincorporated Areas
                                       Highway 59.                                        of Le Flore County.
                                      Approximately 830 feet          None         +492
                                       downstream of County
                                       Road East 1425.
Morris Tributary....................  Approximately 1,640             None         +485  Town of Howe,
                                       feet downstream of                                 Unincorporated Areas
                                       Highway 59.                                        of Le Flore County.
                                      Approximately 525 feet          None         +501
                                       downstream of County
                                       Road East 1430.
Mountain Creek......................  At the confluence with          None         +470  Unincorporated Areas of
                                       Caston Creek.                                      Le Flore County.
                                      Approximately 600 feet          None         +483
                                       upstream of Highway
                                       270.
Polk Creek..........................  Approximately 0.6 mile          None         +443  City of Poteau,
                                       downstream of Possum                               Unincorporated Areas
                                       Valley Road.                                       of Le Flore County.

                                      Just upstream of Polk           None         +584
                                       Creek Road.
Poteau River........................  Flooding effects from           None         +448  Unincorporated Areas of
                                       the Poteau River                                   Le Flore County.
                                       extending just
                                       upstream of the San
                                       Francisco Railway.
                                      Flooding effects from           None         +453
                                       the Poteau River
                                       extending from 2.3
                                       miles upstream of
                                       County Road East 1370.
Town Creek North....................  Approximately 958 feet          +454         +453  City of Poteau.
                                       upstream of Witte
                                       Street.
                                      Just upstream of                None         +571
                                       Cavanal Scenic
                                       Expressway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Poteau
Maps are available for inspection at 111 Peters Street, Poteau, OK 74953.

Town of Howe
Maps are available for inspection at 21781 West Main Street, Howe, OK 74940.

                                     Unincorporated Areas of Le Flore County
Maps are available for inspection at 100 South Broadway Street, Poteau, OK 74953.
----------------------------------------------------------------------------------------------------------------
                                 Colorado County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Colorado River......................  Approximately 0.6 mile          None         +139  Unincorporated Areas of
                                       downstream of County                               Colorado County, City
                                       Highway 122.                                       of Columbus, City of
                                                                                Eagle Lake, Colorado
                                                                                County Water Control
                                                                                Improvement District
                                                                                No. 2.
                                      Just downstream of              None         +223
                                       Burnham's Ferry
                                       Crossing.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Columbus
Maps are available for inspection at 605 Spring Street, Columbus, TX 78934.

City of Eagle Lake
Maps are available for inspection at 400 Spring Street, Columbus, TX 78934.

Colorado County Water Control Improvement District No. 2
Maps are available for inspection at 400 Spring Street, Columbus, TX 78934.

                                     Unincorporated Areas of Colorado County
Maps are available for inspection at 400 Spring Street, Columbus, TX 78934.
----------------------------------------------------------------------------------------------------------------
                                  Dawson County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Sulphur Springs Draw................  Just upstream of County         None        +2924  Unincorporated Areas of
                                       Road L.                                            Dawson County.
                                      Just downstream of U.S.         None        +2950
                                       Highway 180.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Dawson County
Maps are available for inspection at 400 South 1st Street, Lamesa, TX 79331.
----------------------------------------------------------------------------------------------------------------
                                  Denton County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cooper Creek........................  Approximately 570 feet          +588         +585  City of Denton.
                                       downstream of the
                                       intersection of Cooper
                                       Creek and Mingo Road.
                                      Approximately 586 feet          +630         +628
                                       downstream of the
                                       intersection of Cooper
                                       Creek and East Sherman
                                       Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Denton
Maps are available for inspection at 215 East McKinney Street, Denton, TX 76201.
----------------------------------------------------------------------------------------------------------------
                                   Duval County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
San Diego Creek.....................  Just upstream of                None         +296  City of San Diego,
                                       Ventura Street.                                    Unincorporated Areas
                                                                                of Duval County.
                                      Just upstream of Julian         None         +304
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of San Diego
Maps are available for inspection at 404 South Meir Street, San Diego, TX 78384.

                                      Unincorporated Areas of Duval County
Maps are available for inspection at 400 East Gravis Highway 44, San Diego, TX 78384.
----------------------------------------------------------------------------------------------------------------
                                  Fannin County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bois D'arc Creek....................  Approximately 1,400             None         +553  Unincorporated Areas of
                                       feet upstream of State                             Fannin County.
                                       Highway 56.
                                      Approximately 0.75 mile         None         +554
                                       upstream of State
                                       Highway 56.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Fannin County
Maps are available for inspection at 101 East Sam Rayburn Drive, Bonham, TX 75418.
----------------------------------------------------------------------------------------------------------------
                                   Hale County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Running Water Draw..................  Approximately 1,800            +3335        +3337  City of Plainview,
                                       feet downstream of                                 Unincorporated Areas
                                       County Road Y.                                     of Hale County.
                                      Approximately 500 feet         +3381        +3382
                                       upstream of U.S.
                                       Highway 70.
Tributary A.........................  Approximately 1,400            +3378        +3380  City of Plainview,
                                       feet upstream of                                   Unincorporated Areas
                                       Business Loop                                      of Hale County.
                                       Interstate 27.
                                      Just upstream of County        +3387        +3388
                                       Road 60.
Tributary to Running Water Draw.....  At the confluence with         +3364        +3365  City of Plainview,
                                       Running Water Draw.                                Unincorporated Areas
                                                                                of Hale County.
                                      Playa C adjoining              +3380        +3381
                                       Interstate 27.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Plainview
Maps are available for inspection at 901 Broadway Street, Plainview, TX 79072.

                                       Unincorporated Areas of Hale County
Maps are available for inspection at 500 Broadway Street, Plainview, TX 79072.
----------------------------------------------------------------------------------------------------------------
                                  Wasatch County, Utah, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Center Creek........................  At confluence with              None        +5628  City of Heber City,
                                       Surplus Canal.                                     Town of Independence,
                                                                                Unincorporated Areas
                                                                                of Wasatch County.
                                      Approximately 2,914             None        +6573
                                       feet upstream of the
                                       upper Center Creek
                                       Road crossing.
Humbug Canal........................  At the confluence with          None        +5685  City of Heber City,
                                       Center Creek.                                      Unincorporated Areas
                                                                                of Wasatch County.
                                      Approximately 566 feet          None        +5692
                                       upstream of 600 South
                                       Street.
Lake Creek..........................  At the diversion to             None        +5860  Unincorporated Areas of
                                       South Lake Creek and                               Wasatch County.
                                       North Lake Creek.
                                      Approximately 0.73 mile         None        +6738
                                       upstream of Lake Pines
                                       Drive.
Lower Wasatch Canal.................  At Highway 189.........         None        +5634  City of Heber City,
                                                                                Unincorporated Areas
                                                                                of Wasatch County.
                                      Approximately 800 feet          None        +5694
                                       upstream of Mill Road.
North Lake Creek....................  Approximately 800 feet          None        +5694  City of Heber City,
                                       upstream of Mill Road.                             Unincorporated Areas
                                                                                of Wasatch County.
                                      At the diversion from           None        +5860
                                       Lake Creek.
Snake Creek.........................  At confluence with              None        +5422  City of Midway,
                                       Middle Provo River.                                Unincorporated Areas
                                                                                of Wasatch County.
                                      Approximately 210 feet          None        +5760
                                       upstream of Warm
                                       Springs Road.

South Lake Creek....................  Approximately 566 feet          None        +5692  City of Heber City,
                                       upstream of 600 South                              Unincorporated Areas
                                       Street.                                            of Wasatch County.
                                      At the diversion from           None        +5860
                                       Lake Creek.
Surplus Canal.......................  At the confluence with          None        +5433  City of Heber City,
                                       the Middle Provo River.                            Unincorporated Areas
                                                                                of Wasatch County.
                                      At Highway 189.........         None        +5634
Upper Provo River...................  Approximately 0.52 mile         None        +6186  Unincorporated Areas of
                                       downstream of Highway                              Wasatch County.
                                       32.
                                      Approximately 0.28 mile         None        +6426
                                       upstream of Moonlight
                                       Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Heber City
Maps are available for inspection at 75 North Main Street, Heber City, UT 84032.

City of Midway
Maps are available for inspection at 75 North 100 West, Midway, UT 84032.

Town of Independence
Maps are available for inspection at 4530 East Center Creek Road, Heber City, UT 84032.

                                     Unincorporated Areas of Wasatch County
Maps are available for inspection at 25 North Main Street, Heber City, UT 84032.
----------------------------------------------------------------------------------------------------------------
                              Barbour County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tygart Valley River.................  Approximately 40 feet           None        +1696  Unincorporated Areas of
                                       downstream of the                                  Barbour County.
                                       confluence of Big Run.
                                      Approximately 175 feet          None        +1706
                                       upstream of the
                                       confluence of
                                       Tributary No. 1 to
                                       Tygart Valley River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Barbour County
Maps are available for inspection at the County Courthouse, 8 North Main Street, Philippi, WV 26416.
----------------------------------------------------------------------------------------------------------------
                              Upshur County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brushy Fork (Backwater flooding from  Approximately at the            None        +1415  Unincorporated Areas of
 Buckhannon River).                    confluence with Fink                               Upshur County.
                                       Run.
                                      Approximately 700 feet          None        +1415
                                       upstream of County
                                       Route 7/1 (Left Branch
                                       of Brushy Fork).
Fink Run (Backwater flooding from     Just upstream of Old            None        +1415  Unincorporated Areas of
 Buckhannon River).                    Weston Road.                                       Upshur County.
                                      Approximately 2,100             None        +1415
                                       feet upstream of
                                       intersection of Old
                                       Weston Road and County
                                       Route 5/7 (Mudlick
                                       Run).

Unnamed Tributary No. 1 to Fink Run   Approximately at the            None        +1415  Unincorporated Areas of
 (Backwater flooding from Buckhannon   area bounded by U.S.                               Upshur County.
 River).                               Route 33, Wabash
                                       Avenue, and County
                                       Route 33/1.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Upshur County
Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201.
----------------------------------------------------------------------------------------------------------------

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

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-29934 Filed 12-15-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Pages 16823-16827]
[FR Doc No: 2022-06217]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0105]

Denial of Motor Vehicle Defect Petition, DP18-002

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Denial of petition for a defect investigation.

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

SUMMARY: This notice sets forth the reasons for the denial of a
petition submitted on August 7, 2018, by Mr. Gary Weinreich (the
petitioner) to NHTSA's Office of Defects Investigation (ODI). The
petition requests that the Agency investigate alleged ``premature and
excessive frame corrosion'' in model year (MY) 2002 through 2006 Toyota
4Runner vehicles. The petitioner bases his request upon his own
experience with a MY 2005 Toyota 4Runner, a class action lawsuit
settlement involving other Toyota products, and other complaints of
underbody corrosion in Toyota 4Runner vehicles that he found in NHTSA's
online complaint database. After reviewing the information provided by
the petitioner regarding his vehicle, facts related to the class action
lawsuit cited by the petitioner, and field data regarding underbody
corrosion in

Toyota 4Runner vehicles, NHTSA has concluded that there is insufficient
evidence to pursue further action. Accordingly, the Agency has denied
the petition.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Magno, Vehicle Defects
Division--D, Office of Defects Investigation, NHTSA, 1200 New Jersey
Ave. SE, Washington, DC 20590 (telephone<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: By letter dated August 7, 2018, Mr. Gary
Weinreich (the petitioner) submitted a petition requesting that the
Agency ``perform a high-priority investigation'' of ``premature and
excessive frame corrosion'' in model year (MY) 2002 through 2006 Toyota
4Runner vehicles. The petitioner bases his request upon a corrosion-
related front suspension failure he experienced in his MY 2005 Toyota
4Runner, a class action lawsuit settlement involving other Toyota
products, and other complaints of underbody corrosion in Toyota 4Runner
vehicles that he found in NHTSA's online complaint database.
    On August 17, 2018, the Office of Defects Investigation (ODI)
opened Defect Petition DP18-002 to evaluate the petitioner's request
for an investigation. ODI has reviewed the following information as
part of its evaluation: (1) Information provided by the petitioner
regarding his vehicle; (2) facts related to the class action lawsuit
cited by the petitioner; (3) consumer complaint data regarding
underbody corrosion in third- and fourth-generation Toyota 4Runner
vehicles.
    Scope: The petitioner's request for an investigation of premature
frame corrosion in MY 2002 through 2006 Toyota 4Runner vehicles
includes both third- and fourth-generation 4Runner vehicles that ranged
from 12 to 17 years in age when the petition was filed. Toyota sold
approximately 745,000 third-generation (MY 1996 through 2002), and
approximately 603,000 fourth-generation (MY 2003 through 2009) 4Runner
vehicles in the United States.\1\
---------------------------------------------------------------------------

    \1\ The analysis here will focus on the fourth-generation
vehicles, which includes the Petitioner's vehicle, except where
otherwise indicated.
---------------------------------------------------------------------------

    Petitioner's vehicle: On May 24, 2018, the petitioner experienced a
front suspension failure while driving on the highway in a 2005 Toyota
4Runner vehicle that was nearing 13 years of service.\2\ He reported
the incident to NHTSA in a Vehicle Owner Questionnaire (VOQ) submitted
on May 26, 2018 (NHTSA ID 11098055):
---------------------------------------------------------------------------

    \2\ The front attachment bracket for the left lower control arm
detached from the frame.

    Yesterday, my wife and I and two friends riding with us narrowly
escaped a fatal accident when the front suspension separated from
the frame due to the corrosion problem. At highway speed, the
vehicle began shaking violently and the steering was unable to
properly control the vehicle. The vehicle went off the road after
---------------------------------------------------------------------------
coming close to hitting an oncoming vehicle.

    The petitioner alleged that this failure resulted from premature
and excessive frame corrosion and provided service history information
and photographs as supporting evidence.\3\ ODI reviewed the information
provided by the petitioner, as well as additional details contained in
a lawsuit he filed against Toyota in December 2018.\4\
---------------------------------------------------------------------------

    \3\ Gary Weinreich letter to Stephen Ridella, Ph.D., Director,
Office of Defects Investigation, August 28, 2018.
    \4\ Gary Weinreich v. Toyota Motor Sales USA Inc., et al., Case
No. 2:18-cv-03294-RMG, in the U.S. District Court for the District
of South Carolina, Charleston Division.
---------------------------------------------------------------------------

    ODI found that the petitioner's vehicle had a history of general
corrosion concerns throughout the undercarriage that were not isolated
to the frame. The photographs showed that the vehicle undercarriage was
seriously corroded at the time the incident occurred. The information
indicates severe general corrosion of the vehicle undercarriage
consistent with many years of severe use and exposure, but ODI has not
found evidence showing a design or manufacturing defect in the vehicle.
    The vehicle service history information that the petitioner
provided supports these observations. Concerns with underbody corrosion
on his vehicle were first noted by a Toyota dealer in a multi-point
vehicle inspection performed on April 28, 2011. The invoice for that
inspection noted ``severe and excessive amount of rust on the
undercarriage and on the drive shaft transmission.'' Two years later,
on October 21, 2013, another multi-point inspection by a Toyota dealer
observed further progression of underbody corrosion damage, noting:
``rust on shocks/struts and other components,'' ``rust on exhaust
system,'' ``both splash shields severely rusted,'' and ``undercarriage
very rusty.'' \5\ On July 17, 2017, approximately 10 months prior to
experiencing the suspension failure incident, an independent repair
facility performing a routine oil change and brake maintenance informed
the petitioner of a concern with ``excessive frame corrosion'' on his
vehicle.
---------------------------------------------------------------------------

    \5\ Records provided by petitioner indicate that Toyota did not
service the vehicle after October 2013.
---------------------------------------------------------------------------

    The service history further indicates that corrosion concerns in
the petitioner's vehicle were first observed in other underbody
components (e.g., drive shaft transmission, exhaust, splash shields)
and grew progressively worse over several years before the observation
of ``excessive frame corrosion'' and subsequent suspension link
failure. Photographs provided by the petitioner show that the vehicle's
underbody was in poor condition when the failure occurred, with heavy
corrosion throughout the vehicle underbody and multiple visible
perforations in frame structural members.
    The petitioner lives less than a mile from the ocean, where
exposure to marine salts may lead to increased vehicle corrosion rates
if vehicles are not regularly cleaned. While no information was
provided regarding the use, care, and maintenance of the petitioner's
vehicle, ODI has not received evidence that the vehicle received any
repairs to address the noted corrosion concerns prior to the May 2018
front suspension failure.
    Class action lawsuit: The petitioner cites a class action lawsuit
settled by Toyota in 2017 \6\ as evidence of the defect in his vehicle
and states that 4Runner vehicles ``were not included in the class-
action lawsuit simply because there were insufficient complaints known
to the counsel representing the class at the time it was formed.'' ODI
has reviewed the referenced lawsuit and does not agree with the
petitioner's claims. The vehicles covered by the class action were
equipped with frames manufactured by a specific supplier alleged to be
using a defective electrocoating process over a certain manufacturing
period. The subject 4Runner vehicles were not equipped with frames
manufactured by that supplier.
---------------------------------------------------------------------------

    \6\ www.toyotaframesettlement.com.
---------------------------------------------------------------------------

    Starting in 2008, Toyota conducted multiple service campaigns and
warranty extension programs to address concerns with premature frame
corrosion in certain vehicles equipped with frames supplied by Dana
Holding Company (Dana).\7\ The combined field actions covered MY 1995
through 2010 Toyota Tacoma, MY 2000 through 2008 Tundra, and MY 2001
through 2007 Sequoia vehicles (``Dana frame

vehicles'').\8\ Toyota took these actions after identifying quality
concerns with the electrocoating processes in certain frames supplied
by Dana that could lead to premature corrosion failures. In 2011, Dana
settled a lawsuit with Toyota for warranty claim costs related to
premature frame corrosion.\9\
---------------------------------------------------------------------------

    \7\ In December 2009, Dana announced its agreement to sell its
Structural Products Business to Metalsa, S.A. de C.V, http://dana.mediaroom.com/index.php?s=26450&item=69875.
    \8\ The subject Tacoma, Tundra, and Sequoia vehicles were all
manufactured at assembly plants located in the United States. Dana
did not supply frames for any products manufactured in Japan.
    \9\ Dana Holding Corporation Reaches Settlement with Toyota on
Warranty Claims Related to Divested Structural Products Business,
January 12, 2011, http://dana.mediaroom.com/index.php?s=26450&item=69927.
---------------------------------------------------------------------------

    These issues were presented in other litigation as well. A class-
action lawsuit filed in Arkansas on October 3, 2014, alleged that MY
2005 through 2009 Toyota Tacoma vehicles lacked adequate rust
protection on the vehicles' frames, leading to premature corrosion
failures.\10\ A separate class-action lawsuit filed in California on
March 24, 2015, made similar claims.\11\ The lawsuits were consolidated
in a second amended complaint filed on November 8, 2016. The
consolidated complaint covered MY 2005 through 2010 Toyota Tacoma, MY
2007 through 2008 Toyota Tundra, and MY 2005 through 2008 Toyota
Sequoia vehicles. The second amended complaint stated that the vehicles
that were the subject of the lawsuit were all equipped with frames
manufactured by Dana using ``the same defective process.'' The
complaint alleged that, ``The frames on the Toyota Vehicles are
materially the same for purposes of this lawsuit and suffer from the
same defect. All of the frames were manufactured by the same
corporation (Dana Holding Corporation) pursuant to the same defective
process.''
---------------------------------------------------------------------------

    \10\ Burns v. Toyota Motor Sales USA Inc., Case No. CV 14-2208
(W.D. Ark.), http://www.toyotaframesettlement.com/.
    \11\ Brian Warner et al v. Toyota Motor Sales USA Inc., et al.,
Case No. 2:18-cv-02171-FMO-FFM, in the U.S. District Court for the
Central District of California, http://www.toyotaframesettlement.com/.
---------------------------------------------------------------------------

    The class action was settled in May 2017. The terms of the
settlement included extending warranty coverage to 12 years from first
use for a Frame Inspection and Replacement Program. The settlement was
widely reported by news media.\12\
---------------------------------------------------------------------------

    \12\ Reuters, Toyota to settle U.S. truck rust lawsuit for up to
$3.4 billion, November 12, 2016, https://www.reuters.com/article/us-toyota-settlement-idUSKBN1370PE.
---------------------------------------------------------------------------

    Both third and fourth-generation 4Runner vehicles were built in
Japan and are not equipped with frames manufactured by Dana. Although
private litigation can be a relevant source of information to consider
in the course of examining a potential vehicle defect in many cases,
the petitioner has not demonstrated that the litigation he cites here
supports the grant of his petition.
    Complaint analysis: The petitioner alleged that his analysis of
NHTSA's complaint database revealed evidence supporting his claim of
premature and excessive frame corrosion in MY 2002 through 2006 Toyota
4Runner vehicles, and that differences in field experience between
third- and fourth-generation 4Runner vehicles provide further evidence
suggesting a design or manufacturing defect in the fourth-generation
products. The petitioner claims that third-generation Toyota 4Runners
``do not appear to experience the premature and excessive frame
corrosion.'' \13\ The petitioner stated their belief that ``Any frame
specification changes between generations may help identify the root
cause(s) of the problem.'' \14\
---------------------------------------------------------------------------

    \13\ Gary Weinreich letter to Stephen Ridella, Ph.D., Director,
Office of Defects Investigation, August 28, 2018.
    \14\ Ibid.
---------------------------------------------------------------------------

    ODI's analysis of consumer complaint data related to frame
corrosion in fourth-generation Toyota 4Runner vehicles has not found
evidence of a failure trend indicating a potential design or
manufacturing defect leading to premature failures. Rather, the data
tends to show complaint trends occurring late in vehicle life in high
corrosion regions. Relatively few complaints involved suspension
detachments, and those that did were spread among multiple suspension
links, each occurring in older vehicles operated in high corrosion
regions. Finally, ODI finds no meaningful difference between frame
corrosion complaint trends and related suspension detachment
allegations in third- and fourth-generation 4Runner vehicles.
    4Runner complaint trends lag trends for the Dana frame vehicles by
several years. Through the end of 2008, the year of Toyota's first
field action for Dana frame vehicles, NHTSA had received 150 complaints
for Dana frame vehicles and just 3 for 4Runner vehicles (none involving
the subject fourth-generation 4Runner vehicles). By the end of 2010,
NHTSA had received 716 complaints for the Dana frame vehicles and just
36 for 4Runner vehicles (only 5 involving the subject fourth-generation
vehicles).
    Figure 1 shows the vehicle age distributions of frame corrosion
complaints to NHTSA for Toyota 4Runner vehicles, Toyota Dana frame
vehicles, and peer body-on-frame vehicles. The chart on the left shows
the distributions for MY 1996 through 2002 vehicles (i.e., third-
generation 4Runner compared with peers) and the chart on the right
shows the distributions for MY 2003 through 2009 vehicles (i.e.,
fourth-generation 4Runner compared with peers).
[GRAPHIC] [TIFF OMITTED] TN24MR22.063

    In both age groups, the complaint age distributions for the Toyota
4Runner vehicles lag the distributions of the Toyota Dana frame and
peer body-on-frame vehicles by several years. The complaints peak at 15
years-in-service for the third-generation Toyota 4Runner vehicles, 6
years after the peak for the Dana frame vehicles and 4 years after the
peak for the peer body-on-frame vehicles. The complaints also peak at
15 years-in-service for the fourth-generation Toyota 4Runner vehicles,
6 years after the peak for the Toyota Dana frame vehicles and 5 years
after the peak for the peer body-on-frame vehicles.
    Figure 2 shows the cumulative age distributions of frame corrosion
complaints to NHTSA for the same vehicle sets. The 4Runner complaints
occur later in the vehicle age than the Toyota Dana frame and peer
body-on-frame complaints. Only about 3 percent of the complaints for
the third-generation 4Runner vehicles occurred within 10 years-in-
service, compared with 43 percent of the Toyota Dana frame vehicle
complaints and 21 percent of the peer body-on-frame vehicle complaints
for the same model year range. For the MY 2003 through 2009 vehicles,
approximately 6 percent of complaints for the Toyota 4Runners occurred
within 10 years, compared with 45 percent for the Toyota Dana frame
vehicles and 47 percent for the peer body-on-frame vehicles.
[GRAPHIC] [TIFF OMITTED] TN24MR22.064

    ODI's analysis of consumer complaints received by NHTSA through
March 7, 2022, identified a total of 1,024 records that appear to be
related to frame corrosion in fourth-generation Toyota 4Runner
vehicles, including 70 involving alleged detachments of front or rear
suspension links. Both the overall complaints and those reporting
suspension link detachments primarily involve older vehicles in high-
corrosion states. No patterns or trends were identified for any
specific suspension link. The radiator support bracket was the most
common location for frame perforation damage in reports that included
sufficient information to assess damage location. This part can be
serviced separately and does not present any crash avoidance or
crashworthiness safety concerns. The complaints describe general
underbody corrosion damage indicative of normal, end-of-life wear-out
failures from long duration exposures to severe, corrosive
environments.
    Table 1 provides a breakdown of the complaints reporting suspension
detachments by the suspension component. The detachment failures
include two minor crashes and no verified injury allegations.

                              Table 1--Detachments While Driving by Suspension Link
----------------------------------------------------------------------------------------------------------------
                                                                    Average age       Alleged         Alleged
                                                       Count           (yrs)          crashes        injuries
----------------------------------------------------------------------------------------------------------------
Lower Control Arm, Front........................              15            13.1               2               0
Lower Control Arm, Rear.........................              38            14.1               0               0
Upper Control Arm, Rear.........................               6            13.3               0               0
Lateral Control Rod, Rear.......................               2            10.5               0               0
Sway Bar, Rear..................................               2            13.5               0               0
Unknown.........................................               7            16.3               0               0
                                                 ---------------------------------------------------------------
    Total.......................................              70            14.1               2               0
----------------------------------------------------------------------------------------------------------------

    ODI's analysis of NHTSA complaint data finds similar age-adjusted
trends in the field experience of the third and fourth-generation
4Runner vehicles. The third-generation 4Runner vehicles have more than
double the allegations of suspension link detachments than the fourth-
generation 4Runners. The difference appears to be attributable to the
greater exposure time of the third-generation vehicles. Analysis of
suspension link failures by vehicle age showed similar rates for the
third- and fourth-generation products through 15 years of service. In
both generations, the failures are concentrated in states with the
greatest use of deicing salts to treat road surfaces in winter months.
96 percent of the failures involved vehicles owned or previously
registered in states with the greatest use of deicing salts to treat
road surfaces in winter months (``Salt states'').
    Complaints for both generations of 4Runners appear to have been
influenced by news about Toyota's field actions for the Sequoia, Tacoma
and

Tundra vehicles equipped with frames supplied by Dana. Toyota's field
actions were referenced in 203 of the fourth-generation 4Runner
complaints. Furthermore, 699 or two thirds (68 percent) of the fourth-
generation 4Runner complaints were received after news of NHTSA opening
this defect petition evaluation on August 7, 2018.
    Conclusion: After reviewing the available data, ODI has not
identified evidence of a defect trend for premature corrosion-related
failure of frame structural components in the vehicles that the
petitioner has identified. Contrary to the petitioner's primary
allegation, the vehicles are not equipped with frames manufactured by
the same supplier as Toyota products that have been included in
previous field actions by the company addressing frame corrosion
concerns. The frames in those vehicles exhibited failure trends before
reaching 10 years in service, several years prior to the current trends
evident in the subject 4Runner vehicles.
    Analysis of the age distributions of corrosion-related suspension
link failures in the subject 4Runner vehicles shows late-life patterns
after well over 10 years of exposure to severe corrosion environments.
Incidents of corrosion damage that have resulted in failure of
underbody components while driving appear to have developed
progressively over many years with ample opportunity for detection and
repair. This appears to be indicative of normal wear and tear failures,
and we have not found evidence of a defect related to premature or
excessive corrosion failures.
    ODI has not identified any serious crashes or injuries associated
with corrosion-related failure of frame structural components while
driving in a population of vehicles that currently ranges from 15 to 19
years old. Accordingly, the Agency is denying the petition.
    Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.50
and 501.8.

Anne L. Collins,
Associate Administrator for Enforcement.
[FR Doc. 2022-06217 Filed 3-23-22; 8:45 am]
BILLING CODE 4910-59-P