FR Doc E9-12847

[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Proposed Rules]
[Page 26640-26646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn09-23]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1050]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

DATES: Comments are to be submitted on or before September 1, 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-1050, 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.
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.

[[Page 26641]]

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)
Depth in feet above
State City/town/county Source of flooding Location ** ground [caret] Elevation
in meters (MSL)
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Existing Modified
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City of Greenwood, Wisconsin
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Wisconsin............................ City of Greenwood....... Black River.............................. Approximately 4,460 feet downstream of County Highway G... None + 1113
Approximately 4,960 feet upstream of County Highway G..... None + 1126
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood
Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Greenwood
Maps are available for inspection at City Hall, 102 North Main Street, Greenwood, WI 54437.
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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Location of referenced Depth in feet above
Flooding source(s) elevation ** ground [caret] Elevation Communities affected
in meters (MSL)
--------------------------
Effective Modified
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Arapahoe County, Colorado, and Incorporated Areas
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Bear Gulch.......................... Approximately 1 mile None + 5355 Unincorporated Areas of
upstream of East 72nd Arapahoe County.
Avenue.
Approximately 2.1 miles None + 5482
upstream 56th Avenue
alignment.
Bear Gulch Tributary................ At the confluence with None + 5402 Unincorporated Areas of
Bear Gulch. Arapahoe County.
Approximately 900 feet None + 5408
upstream of the
confluence with Bear
Gulch.
Blackmer Gulch...................... Approximately 200 feet + 5417 + 5418 City of Cherry Hills
upstream of South Village.
Monroe Lane.
Just upstream of the + 5492 + 5491
High Line Canal.
Box Elder Creek..................... Approximately 1,400 None + 5367 City of Aurora,
feet upstream of 72nd Unincorporated Areas
Avenue. of Arapahoe County.
Approximately 0.5 miles None + 5691
downstream of Yale
Avenue.

[[Page 26642]]

Cherry Creek........................ Approximately 0.92 + 5623 + 5624 City of Aurora, City of
miles downstream of Centennial,
Arapahoe Road. Unincorporated Areas
of Arapahoe County.
Approximately 1.70 + 5713 + 5713
miles upstream of East
Broncos Parkway.
Coyote Run.......................... At the confluence with None + 5393 City of Aurora,
Box Elder Creek. Unincorporated Areas
of Arapahoe County.
Approximately 3.80 None + 5814
miles upstream of East
Alameda Avenue.
Goldsmith Gulch..................... Just upstream of East + 5591 + 5590 Unincorporated Areas of
Belleview Avenue. Arapahoe County, City
of Centennial, City of
Greenwood Village.
Approximately 100 feet None + 5773
downstream of East
Arapahoe Road.
Goldsmith Gulch West Tributary...... Approximately 400 feet + 5640 + 5641 Unincorporated Areas of
upstream of the Arapahoe County, City
confluence with of Greenwood Village.
Goldsmith Gulch.
Approximately 100 feet + 5735 + 5738
downstream of East
Peakview Avenue.
Greenwood Gulch..................... Just upstream of + 5344 + 5344 City of Centennial,
Clarkson Street. City of Cherry Hills
Village, City of
Greenwood Village.
Just upstream of Holly + 5525 + 5525
Street.
Little Dry Creek.................... Just upstream of + 5344 + 5339 Unincorporated Areas of
Clarkson Street. Arapahoe County, City
of Centennial, City of
Cherry Hills Village,
City of Greenwood
Village.
Just downstream of + 5619 + 5618
South Quebec Street.
Murphy Creek........................ Just downstream of East + 5523 + 5523 City of Aurora,
Alameda Avenue. Unincorporated Areas
of Arapahoe County.
Approximately 1,700 None + 6011
feet downstream of
East Wheatlands
Parkway.
Prentice Gulch...................... At the confluence with + 5407 + 5405 City of Greenwood
Greenwood Gulch. Village.
Just upstream of Holly + 5525 + 5525
Street.
Quincy Gulch........................ At the confluence with + 5414 + 5414 City of Cherry Hills
Blackmer Gulch. Village.
Approximately 300 feet + 5494 + 5494
upstream of the High
Line Canal.
SJCD 6200........................... At the confluence with None + 5360 Unincorporated Areas of
South Platte River. Arapahoe County, City
of Littleton.
Approximately 400 feet None + 5404
downstream of South
Platte Canyon Road.
Willow Creek........................ At the confluence with + 5537 + 5536 Unincorporated Areas of
Little Dry Creek. Arapahoe County.
Just downstream of + 5558 + 5559
Englewood Dam outlet
structure.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472..

ADDRESSES
City of Aurora
Maps are available for inspection at 15151 East Alameda Parkway, 3rd Floor, Aurora, CO 80012.

City of Centennial

[[Page 26643]]

Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 West
Briarwood Avenue, Centennial, CO 80112.

City of Cherry Hills Village
Maps are available for inspection at 2450 East Quincy Avenue, Cherry Hills Village, CO 80113.

City of Greenwood Village
Maps are available for inspection at 6060 South Quebec Street, Greenwood Village, CO 80111.

City of Littleton
Maps are available for inspection at 2255 West Berry Avenue, Littleton, CO 80165.

Unincorporated Areas of Arapahoe County
Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 East
Briarwood Avenue, Centennial, CO 80112.
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Fergus County, Montana, and Incorporated Areas
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Flood Channel....................... Approximately 70 feet + 3609 + 3610 Town of Denton.
upstream of Main
Street Bridge.
Approximately 50 feet + 3610 + 3614
upstream of Railroad
Bridge.
Shallow Flooding.................... Intersection of Bain None 1 Town of Denton.
Street and Main Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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
Town of Denton
Maps are available for inspection at 305 West Watson Street, Lewistown, MT 59457.
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Tuscarawas County, Ohio, and Incorporated Areas
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Beggar Run (Backwater from At the confluence of None + 909 Unincorporated Areas of
Tuscarawas River). Beggar Run with Tuscarawas County.
Conotton Creek.
Approximately 0.78 mile None + 909
upstream of the
confluence of Beggar
Run with Conotton
Creek.
Browns Run (Backwater from At the confluence of None + 909 Unincorporated Areas of
Tuscarawas River). Browns Run with Tuscarawas County.
Conotton Creek.
Just downstream of None + 909
Henderson School Road.
Conotton Creek (Backwater from At the confluence of None + 909 Unincorporated Areas of
Tuscarawas River). Conotton Creek and Tuscarawas County.
Tuscarawas River.
Approximately 0.76 mile None + 909
upstream of Miller
Hill Road (Tuscarawas/
Carroll County
boundary).
Dog Run (Backwater from Tuscarawas At the confluence of None + 909 Unincorporated Areas of
River). Dog Run and Conotton Tuscarawas County.
Creek.
Approximately 0.42 mile None + 909
upstream of Norfolk
and Western Railway.
Huff Run (Backwater from Tuscarawas At the confluence of None + 909 Unincorporated Areas of
River). Huff Run with Conotton Tuscarawas County,
Creek. Village of Mineral
City.
Approximately 1.38 None + 909
miles upstream of New
Cumberland Road.
Indian Fork (Backwater from At the confluence of None + 909 Unincorporated Areas of
Tuscarawas River). Indian Fork with Tuscarawas County.
Conotton Creek.
Just downstream of None + 909
State Route 212.
Middle Run (Backwater from At the confluence of None + 909 Unincorporated Areas of
Tuscarawas River). Middle Run with Tuscarawas County.
Tuscarawas River.
Approximately 0.72 mile None + 909
upstream of Dover Zoar
Road.
Small Middle Run (Backwater from At the confluence of None + 909 Unincorporated Areas of
Tuscarawas River). Small Middle Run with Tuscarawas County.
Tuscarawas River.
Approximately 500 feet None + 909
downstream of Dover
Zoar Road.
Stillwater Creek.................... Just downstream of the None + 844 City of Midvale.
Baltimore and Ohio
Railroad.

[[Page 26644]]

Approximately 0.45 mile None + 845
upstream of US Route
250.
Tuscarawas River.................... Just upstream of the None + 909 Village of Bolivar,
Dover Dam. Unincorporated Areas
of Tuscarawas County,
Village of Zoar.
Approximately 2.18 None + 909
miles upstream of
State Route 212
(Tuscarawas/Stark
County boundary).
Tuscarawas River.................... Approximately 0.66 mile None + 838 Village of Tuscarawas.
downstream of
Tuscarawas Road.
Tuscarawas River.................... Approximately 1,000 None + 831 Village of
feet upstream of the Gnadenhutten.
confluence of
Tuscarawas River with
Clewell Run.
Wolf Run (Backwater from Tuscarawas At the confluence of None + 909 Unincorporated Areas of
River). Wolf Run and Tuscarawas County.
Tuscarawas River.
Approximately 0.89 mile None + 909
upstream of Norfolk
and Western Railway.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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 Midvale
Maps are available for inspection at City Hall, 311 Barnhill Road, Midvale, OH 44653.

Unincorporated Areas of Tuscarawas County
Maps are available for inspection at the Tuscarawas County Administrative Offices, 125 East High Avenue, New
Philadelphia, OH 44663.

Village of Bolivar
Maps are available for inspection at the Bolivar Village Hall, 109 Canal Street Northwest, Bolivar, OH 44612.

Village of Gnadenhutten
Maps are available for inspection at the Gnadenhutten Village Hall, 131 South Walnut Street, Gnadenhutten, OH
44629.

Village of Mineral City
Maps are available for inspection at the Mineral City Village Hall, 8728 North High Street, Mineral City, OH
44656.

Village of Tuscarawas
Maps are available for inspection at the Tuscarawas Village Hall, 522 East Cherry Street, Tuscarawas, OH 44682.

Village of Zoar
Maps are available for inspection at the County Administrative Offices, 125 East High Avenue, New Philadelphia,
OH 44663.
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Yankton County, South Dakota, and Incorporated Areas
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James River......................... Just upstream of the None + 1167 Unincorporated Areas of
confluence with the Yankton County.
Missouri River.
Approximately 600 feet None + 1188
upstream of County
Highway 213 (431st
Avenue).
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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 Yankton County
Maps are available for inspection at 321 West 3rd Street, Yankton, SD 57078.
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[[Page 26645]]

Angelina County, Texas, and Incorporated Areas
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Biloxi Creek North Tributary........ Approximately 0.6 miles None + 306 City of Lufkin.
downstream of Loop 287.
Just upstream of Loop None + 329
287.
Cedar Creek......................... Just downstream of None + 278 City of Lufkin.
Lotus Lane.
Just upstream of State None + 299
Loop 339.
Cedar Creek North Tributary......... Just upstream of Lotus None + 280 City of Lufkin.
Lane.
Approximately 1,070 None + 286
feet upstream of Texas
Southeastern Rail Road.
Cedar Creek South Tributary......... Confluence of Cedar + 254 + 253 City of Lufkin.
Creek and Cedar Creek
South Tributary.
Approximately 1,300 None + 287
feet upstream of Berry
Road.
Cedar Creek Tributary 3............. Confluence of Cedar None + 239 City of Lufkin.
Creek Tributary 3 and
Cedar Creek.
Just upstream of Live None + 266
Oak Lane.
East Fork of West Branch Mill Creek. Confluence of; East + 283 + 279 City of Lufkin.
Fork of West Branch
Mill Creek and
Tributary to Mill
Creek Tributary.
Just downstream of US None + 300
Highway 69.
Hurricane Creek..................... Approximately 0.7 miles None + 232 City of Lufkin.
downstream of College
Drive.
Just downstream of the + 279 + 280
intersection of Conn
Avenue and Chestnut
Street.
Hurricane Creek East Tributary (E).. Approximately 0.6 miles None + 269 City of Lufkin.
upstream of Brentwood
Drive.
Confluence of Hurricane None + 273
Creek and Hurricane
Creek East Tributary
(E).
Hurricane Creek East Tributary (E) Confluence of Hurricane + 246 + 250 City of Lufkin.
Tributary Creek East Tributary
(E) Tributary and
Hurricane Creek East
Tributary (E).
Approximately 0.5 miles None + 267
upstream of Brentwood
Drive.
Hurricane Creek East Tributary Just downstream of None + 289 City of Lufkin.
(North). Jones Street.
Just upstream of None + 305
Whipporwill Street.
Hurricane Creek East Tributary Confluence of Hurricane None + 237 City of Lufkin.
(South). Creek East Tributary
(South) and Unnamed
Tributary 4 to
Hurricane Creek.
Just upstream of Pine None + 265
Valley Drive.
Hurricane Creek West Branch......... Confluence of Hurricane + 251 + 250 City of Lufkin.
Creek and Hurricane
Creek West Branch.
Just upstream of Park None + 276
Lane.
Mill Creek Tributary................ Approximately 1,486 None + 290 City of Lufkin.
feet downstream of
Bonita Street.
Approximately 230 feet None + 304
upstream of Martin
Luther King Drive.
One Eyed Creek...................... Just downstream of None + 289 City of Lufkin.
Westwood Place.
Just downstream of None + 309
Fuller Springs Drive.
Shirley Creek....................... Just upstream of Loop + 259 + 262 City of Lufkin.
287.
Just upstream of None + 297
Trenton Road.
Shirley Creek Tributary 2........... Just downstream of Loop None + 294 City of Lufkin.
287.
Just downstream of None + 310
Shady Pine Road.
Shirley Creek Tributary 2 East Confluence of Shirley None + 277 City of Lufkin.
Branch. Creek Tributary 2 and
Shirley Creek
Tributary 2 East
Branch.
Approximately 600 feet None + 296
upstream of Freeman
Street.
Tributary to Mill Creek Tributary... Just downstream of the + 271 + 272 City of Lufkin.
City Lake Dam.
Just downstream of US None + 305
Highway 69.
Tributary to Paper Mill Creek Just downstream of None + 272 City of Lufkin.
Tributary. State Highway 103.
Approximately 675 feet None + 290
upstream of Freeman
Street.
Unnamed Tributary 1 to Hurricane Confluence of Hurricane + 255 + 259 City of Lufkin.
Creek. Creek and Unnamed
Tributary 1 to
Hurricane Creek.
Just upstream of Farm- None + 293
to-Market Road 58.
Unnamed Tributary 2 to Hurricane Confluence of Hurricane None + 247 City of Lufkin.
Creek. Creek and Unnamed
Tributary 2 to
Hurricane Creek.
Approximately .4 miles None + 273
upstream from Tulane
Road.
Unnamed Tributary 3 to Hurricane Confluence of Hurricane None + 236 City of Lufkin.
Creek. Creek and Unnamed
Tributary 3 to
Hurricane Creek.
Just upstream of Loop None + 264
287.
Unnamed Tributary 4 to Hurricane Confluence of Unnamed None + 237 City of Lufkin.
Creek. Tributary 4 to
Hurricane Creek and
Hurricane Creek East
Tributary (South).

[[Page 26646]]

Approximately 773 feet None + 272
upstream of Crown
Colony Drive.
Unnamed Tributary to Papermill Creek Limit of detailed study None + 244 City of Lufkin.
nearest to Kit
McConnico Park.
Lower limit of detailed None + 252
study (no physical
reference available).
Approximately 0.6 miles None + 252
downstream of Moffett
Road.
Approximately 0.5 miles None + 252
downstream of Moffett
Road.
Approximately 1,800 None + 254
feet downstream of Old
Moffett Road.
Just upstream of State + 259 + 261
Loop 287.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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 Lufkin
Maps are available for inspection at 300 East Shepard Avenue, Lufkin, TX 75901.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: May 21, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-12847 Filed 6-2-09; 8:45 am]

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