[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Proposed Rules]
[Page 70944-70950]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no08-29]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-1021]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
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SUMMARY: Comments are requested on the proposed Base (1 percent 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 February 23, 2009.
ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are 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-1021, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail)
bill.blanton@dhs.gov.
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202) 646-3151 or (e-mail) bill.blanton@dhs.gov.
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.
Administrative Procedure Act Statement. This matter is not a
[[Page 70945]]
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C.
553. FEMA publishes flood elevation determinations for notice and
comment; however, they are governed by the Flood Disaster Protection
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
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:
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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation** ground
--------------------------
Effective Modified
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Garland County, Arkansas, and Incorporated Areas
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Molly Creek......................... Weston Road............ +410 +409 City of Hot Springs.
Approximately 450 feet +541 +544
upstream of Albert
Pike Road/US 270.
Molly Creek Tributary 1............. Stover Road (Formerly +486 +484 City of Hot Springs.
Marie St.).
Molly Springs Road..... +508 +506
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Hot Springs
Maps are available for inspection at Garland County Library, 1427 Malvern Ave., Hot Springs, AR 71901.
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White County, Arkansas, and Incorporated Areas
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Deener Creek........................ Ella Street............ None +237 Unincorporated Areas of
White County.
Approximately 1994 feet None +240
upstream from Ella
Street..
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of White County
Maps are available for inspection at 119 West Arch Avenue, Searcy, AR 72143.
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Barrow County, Georgia, and Incorporated Areas
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Apalachee River..................... Approximately 5,345 None +820 Unincorporated Areas of
feet upstream of Barrow County, City of
Loganville Highway. Auburn.
Approximately 1,140 None +905
feet upstream of CSX
Railroad.
[[Page 70946]]
Cedar Creek......................... Approximately 1,220 None +820 Unincorporated Areas of
feet downstream of Barrow County, City of
Miles Patrick Road. Winder.
Approximately 470 feet None +822
downstream of Miles
Patrick Road.
Tributary No. 1..................... At the confluence with None +822 Unincorporated Areas of
Cedar Creek. Barrow County, City of
Winder.
Approximately 50 feet None +840
downstream of Sims
Road.
Winder Reservoir.................... Entire Shoreline....... None +850 Unincorporated Areas of
Barrow County.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Auburn
Maps are available for inspection at City Hall, 1369 Fourth Avenue, Auburn, GA 30011.
City of Winder
Maps are available for inspection at Inspections Department, 23 North Jackson Street, Winder, GA 30680.
Unincorporated Areas of Barrow County
Maps are available for inspection at Annex Building, 223 East Broad Street, Winder, GA 30680.
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Franklin County, Illinois, and Incorporated Areas
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Big Ditch Tributary................. From approximately None +382 Unincorporated Areas of
2,630 feet upstream of Franklin County, City
the confluence with of West Frankfort.
Middle Fork Big Muddy
River.
To approximately 790 None +388
feet downstream of
County Highway 37/
Logan Street.
Ewing Creek......................... From approximately None +385 Unincorporated Areas of
5,000 feet upstream of Franklin County, City
the confluence with of West Frankfort.
Middle Fork Big Muddy
River.
To approximately 2,500 None +393
feet upstream of
County Highway 5/
Deering Road.
Pond Creek.......................... From Interstate 57..... None +394 Unincorporated Areas of
Franklin County, City
of West Frankfort.
To approximately 2,250 None +398
feet upstream of Old
Johnston City Road.
Rend Lake........................... From the Rend Lake Dam. None +415 Unincorporated Areas of
Franklin County.
To approximately 5,650 None +415
feet west of the
intersection of North
County Line Road and
Conservation Lane.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of West Frankfort
Maps are available for inspection at West Frankfort City Hall, 110 N. Jefferson Street, West Frankfort, IL
62896.
Unincorporated Areas of Franklin County
Maps are available for inspection at Franklin County Highway Department, 13034 Oddfellow Lane, Benton, IL 62812.
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Lyon County, Kentucky, and Incorporated Areas
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Cumberland River (Lake Barkley)..... At Barkley Dam......... None +375 Unincorporated Areas of
Lyon County.
[[Page 70947]]
At confluence with None +375
Hurricane Creek
(Southern county
boundary).
Tennessee River (Kentucky Lake)..... Approximately 500 feet None +375 Unincorporated Areas of
downstream Barkley Lyon County.
Canal.
Approximately 3200 feet None +375
upstream Duncan Creek.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Lyon County
Maps are available for inspection at 500A W. Dale Ave., Eddyville, KY 42038.
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Menifee County, Kentucky, and Incorporated Areas
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Licking River (Cave Run Lake)....... At confluence with Buck None +765 City of Frenchburg.
Creek.
At confluence with None +765
North Fork Licking
River.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Frenchburg
Maps are available for inspection at 157 Old Campus Road, Frenchburg, KY 40322.
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Curry County, New Mexico, and Incorporated Areas
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Northeast Drain..................... Approximately 645 feet +4222 +4225 City of Clovis.
upstream from Schepps
Blvd.
Approximately from the +4234 +4236
intersection of
Merlene Blvd.
Northeast Drain..................... Approximately 5,276 None +4216 Unincorporated Areas of
feet downstream from Curry County.
Humphry Road.
At the confluence of None +4217
West Second Street
Drain.
Thomas Ditch 1...................... At the intersection of None +4262 Unincorporated Areas of
Brady Avenue. Curry County.
At the intersection of None +4280
the Burlington
Northern Santa Fe
Railroad.
West Second Street Drain............ At the confluence of None +4217 Unincorporated Areas of
Northeast Drain. Curry County.
Approximately 268 feet None +4232
upstream from Norris
Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Clovis
Maps are available for inspection at 321 Connelly, Clovis, NM 88101.
Unincorporated Areas of Curry County
Maps are available for inspection at 321 Connelly, Clovis, NM 88102.
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[[Page 70948]]
Dona Ana County, New Mexico, and Incorporated Areas
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Baylor Canyon Arroyo................ At the upstream face of None +4604 Unincorporated Areas of
U.S. Highway 70 Bridge. Dona Ana County.
Approximately 3,375 None +4797
feet upstream of
confluence with Baylor
Canyon Arroyo
Tributary 1.
Baylor Canyon Arroyo Tributary 1.... At confluence with None +4713 Unincorporated Areas of
Baylor Canyon Arroyo. Dona Ana County.
Approximately 3,800 None +4823
feet above confluence
with Baylor Canyon
Arroyo.
Baylor Canyon Arroyo Tributary 2.... At confluence with None +4668 Unincorporated Areas of
Baylor Canyon Arroyo. Dona Ana County.
Approximately 6,850 None +4806
feet upstream of
confluence with Baylor
Canyon Arroyo.
Flow Path 1......................... At upstream face of None +4317 City of Las Cruces.
Sand Hill Dam
(Chandler Tank).
At intersection of Main None +4462
St. and Sand Hill
Arroyo (Flowpath 1).
Flow Path 12........................ At Interstate 10 +3965 +3966 Unincorporated Areas of
Southbound frontage Dona Ana County, City
road (Las Alturas). of Las Cruces.
Approximately 7,470 None +4189
feet upstream of
Tellbrook Road.
Flow Path 3......................... Approximately 4932 feet +4186 +4188 City of Las Cruces.
downstream from the
confluence of North
Tributary 2 and Flow
Path 3.
Approximately 200 feet None +4252
downstream from the
Alameda Dam.
North Branch Gardner Arroyo......... Approximately 675 feet None +3781 Unincorporated Areas of
upstream of Dona Ana County.
intersection of McNutt
Road and Alvarez Road.
Approximately 3,875 None +3835
feet upstream of
intersection of McNutt
Road and Alvarez Road.
North Vado Arroyo................... At confluence with None +3826 Unincorporated Areas of
Unnamed Drainage. Dona Ana County.
At downstream face of None +3900
Interstate 10 Bridge.
South Branch of Gardner Arroyo...... Approximately 580 feet None +3784 Unincorporated Areas of
upstream of McNutt Dona Ana County.
Road and Alvarez Road.
Approximately 5,190 None +3831
feet upstream of
intersection of McNutt
Road and Alvarez Road.
South Vado Arroyo................... At confluence with None +3822 Unincorporated Areas of
Unnamed Drainage. Dona Ana County.
At downstream face of None +3871
Interstate 10 Bridge.
Stream Bilbo........................ At Bilbo Pond Spillway None +3895 Unincorporated Areas of
at Mesilla Hills Road. Dona Ana County, Town
of Mesilla.
At Lake Maureen None +4144
Spillway.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Las Cruces
Maps are available for inspection at 200 North Church St., Las Cruces, NM 88001.
Town of Mesilla
Maps are available for inspection at Calle de Parian, P.O. Box 10, Mesilla, NM 88046.
Unincorporated Areas of Dona Ana County
Maps are available for inspection at 251 West Amador, Room 100B, Las Cruces, NM 88001.
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Carter County, Oklahoma, and Incorporated Areas
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Hickory Creek....................... Approximately 3528 feet None +792 Unincorporated Areas of
downstream of the Carter County.
confluence of Hickory
Creek Tributary A and
Hickory Creek.
Approximately at the None +795
crosspoint of
Breezewood Road and
Hickory Creek.
Sand Creek Tributary B.............. Approximately 3045 feet None +791 Unincorporated Areas of
downstream from the Carter County.
Carter 1 Dam.
[[Page 70949]]
Approximately at the None +826
intersection of Sand
Creek Tributary B and
Refinery Road.
Approximately 3410
feet upstream from the
Carter 1 Dam.
Wolf Creek.......................... Approximately 3315 feet None +830 Unincorporated Areas of
upstream from the Carter County.
confluence of Wolf
Creek and Cottonwood
Creek.
Approximately 1045 feet None +852
from the confluence of
Wolf Creek Tributary 2
and Wolf Creek.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Carter County
Maps are available for inspection at 20 B Street, SW., 102, Ardmore, OK 73401.
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Muskogee County, Oklahoma, and Incorporated Areas
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Arkansas River...................... Approximately 1371 feet None +553 Muskogee County.
downstream of State
Highway 104.
Approximately 1625 feet None +554
upstream of State
Highway 104.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Muskogee County
Maps are available for inspection at Muskogee County Courthouse, 4517 Dennison Street, Muskogee, OK 74402.
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Waupaca County, Wisconsin, and Incorporated Areas
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Little Wolf River/Big Falls Pond.... 0.33 mile downstream of +880 +879 Village of Big Falls,
bridge at County Unincorporated Areas
Highway G. of Waupaca County.
1.1 miles upstream of +909 +910
bridge at County
Highway G.
Waupaca River/Weyau-................ 2.65 miles upstream of +757 +756 City of Waupaca, City
wega Lake........................... confluence with Wolf of Weyauwega,
River. Unincorporated Areas
of Waupaca County
390 feet upstream of None +893
bridge at Anderson
Road.
Wolf River.......................... Southern Waupaca County None +753 Village of Fremont,
boundary. Unincorporated Areas
of Waupaca County.
3.58 miles downstream +757 +756
of bridge at County
Highway X.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Waupaca
Maps are available for inspection at 111 South Main Street, Waupaca, WI 54981.
City of Weyauwega
[[Page 70950]]
Maps are available for inspection at 109 East Main Street, Weyauwega, WI 54983.
Unincorporated Areas of Waupaca County
Maps are available for inspection at 811 Harding Street, Waupaca, WI 54981.
Village of Big Falls
Maps are available for inspection at 220 Main Street, Big Falls, WI 54926.
Village of Fremont
Maps are available for inspection at 317 Wolf River Drive, Fremont, WI 54940.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: November 14, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-27811 Filed 11-21-08; 8:45 am]
BILLING CODE 9110-12-P