[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Proposed Rules]
[Pages 3590-3595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1061]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1171]


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 to 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 April 20, 2011.

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-1171, to 
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance 
and Mitigation Administration, Federal Emergency Management Agency, 500 
C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) 
[email protected].

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-4064, or (e-mail) [email protected].

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 
also are used to calculate the appropriate flood insurance premium 
rates for new buildings built after these elevations are made final, 
and for the contents in those 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:


[[Page 3591]]


    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
                                                       Source of                          in feet above ground
             State               City/town/county       flooding         Location **      [caret] Elevation in
                                                                                              meters (MSL)
                                                                                       -------------------------
                                                                                          Existing     Modified
----------------------------------------------------------------------------------------------------------------
                               Unincorporated Areas of Hoke County, North Carolina
----------------------------------------------------------------------------------------------------------------
North Carolina................  Unincorporated     Lumber River.....  At the Robeson           +205         +203
                                 Areas of Hoke                         and Scotland
                                 County.                               County boundary.
                                .................  .................  Approximately            +256         +257
                                                                       0.5 mile
                                                                       upstream of the
                                                                       Quewhiffle
                                                                       Creek
                                                                       confluence.
----------------------------------------------------------------------------------------------------------------
* 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
Unincorporated Areas of Hoke County
Maps are available for inspection at the Hoke County Planning Office, 423 East Central Avenue, Raeford, NC
 28376.
----------------------------------------------------------------------------------------------------------------
                             Unincorporated Areas of Robeson County, North Carolina
----------------------------------------------------------------------------------------------------------------
North Carolina................  Unincorporated     Lumber River.....  Approximately            +190         +191
                                 Areas of Robeson                      1.2 miles
                                 County.                               upstream of the
                                                                       Scotland County
                                                                       boundary.
                                .................  .................  At the Hoke and          +205         +203
                                                                       Scotland 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
Unincorporated Areas of Robeson County
Maps are available for inspection at the Robeson County Department of Building Safety and Code Enforcement, 415
 Country Club Drive, Lumberton, NC 28360.
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                                 Unincorporated Areas of Nowata County, Oklahoma
----------------------------------------------------------------------------------------------------------------
Oklahoma......................  Unincorporated     Southwest          At the                   None         +687
                                 Areas of Nowata    Tributary.         downstream side
                                 County.                               of E0230 Road.
                                .................  .................  Approximately            None         +696
                                                                       0.4 mile
                                                                       upstream of
                                                                       E0230 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.
 

[[Page 3592]]

 
Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
Unincorporated Areas of Nowata County
Maps are available for inspection at the Nowata County Office, 2219 North Maple Street, Nowata, OK 74048
----------------------------------------------------------------------------------------------------------------


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                                                                  *Elevation in feet
                                                                 (NGVD) +Elevation in
                                                                  feet (NAVD) Depth in feet above
         Flooding Source(s)            Location of referenced   ground [caret]Elevation    Communities affected
                                            elevation **            in meters (MSL)
 
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Sebastian County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Massard Creek.......................  Approximately 155 feet          +407         +406  City of Fort Smith,
                                       upstream of Rogers                                 Unincorporated Areas
                                       Avenue.                                            of Sebastian County.
                                      Approximately 720 feet          None         +420
                                       upstream of State
                                       Highway 255 (Zero
                                       Street).
Mill Creek..........................  Approximately 200 feet          +478         +477  City of Fort Smith.
                                       downstream of South
                                       28th Street.
                                      Approximately 1.05              None         +521
                                       miles upstream of
                                       Jenny Lind Road.
No Name Creek.......................  Approximately 0.33 mile         +408         +409  City of Fort Smith.
                                       upstream of the
                                       Sunnymede Creek
                                       confluence.
                                      Approximately 185 feet          +455         +456
                                       downstream of the No
                                       Name Creek Tributary
                                       confluence.
No Name Creek.......................  At the No Name Creek            +457         +456  City of Fort Smith.
                                       confluence.
Tributary...........................  Approximately 970 feet          None         +518
                                       upstream of South 46th
                                       Street.
Spivey Creek........................  At the Massard Creek            +414         +411  City of Fort Smith,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Sebastian County.
                                      Approximately 0.44 mile         None         +477
                                       upstream of Industrial
                                       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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Fort Smith
Maps are available for inspection at the Engineering Department, 623 Garrison Avenue, Suite 409, Fort Smith, AR
 72901.
Unincorporated Areas of Sebastian County
Maps are available for inspection at the Sebastian County Courthouse, 35 South 6th Street, Fort Smith, AR 72901.
----------------------------------------------------------------------------------------------------------------
                              El Dorado County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bijou Creek.........................  Approximately 100 feet        +6,232       +6,234  City of South Lake
                                       upstream of the Lake                               Tahoe.
                                       Tahoe confluence.
                                      Approximately 550 feet        +6,325       +6,347
                                       upstream of Pioneer
                                       Trail.

[[Page 3593]]

 
Trout Creek.........................  Approximately 1,750           +6,235       +6,234  City of South Lake
                                       feet upstream of the                               Tahoe, Unincorporated
                                       Lake Tahoe confluence.                             Areas of El Dorado
                                                                                          County.
                                      Approximately 1,580           +6,252       +6,251
                                       feet downstream of
                                       Martin Avenue.
Upper Truckee River.................  Approximately 1,400           +6,240       +6,241  City of South Lake
                                       feet downstream of                                 Tahoe, Unincorporated
                                       Lake Tahoe Boulevard.                              Areas of El Dorado
                                                                                          County.
                                      Approximately 1.44            +6,250       +6,251
                                       miles upstream of Lake
                                       Tahoe Boulevard.
----------------------------------------------------------------------------------------------------------------
* 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of South Lake Tahoe
Maps are available for inspection at 1900 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150.
 
Unincorporated Areas of El Dorado County
Maps are available for inspection at 2850 Fairlane Court, Placerville, CA 95667.
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                                 Putnam County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Walnut Creek....................  Approximately 845 feet          None         +656  Unincorporated Areas of
                                       downstream of Oakalla                              Putnam County.
                                       Covered Bridge.
                                      Approximately 845 feet          None         +692
                                       upstream of Houck Road
                                       (North County Road 25
                                       East).
----------------------------------------------------------------------------------------------------------------
* 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
Unincorporated Areas of Putnam County
Maps are available for inspection at the Putnam County Planning and Zoning Department, Annex Building, 209 West
 Liberty Street, Room 3, Greencastle, IN 46135.
----------------------------------------------------------------------------------------------------------------
                                 Clark County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boone Creek (backwater effects from   From the Kentucky River         None         +590  Unincorporated Areas of
 Kentucky River).                      confluence to                                      Clark County.
                                       approximately 1.2
                                       miles upstream of the
                                       Kentucky River
                                       confluence.
Bull Run (backwater effects from      From the Kentucky River         None         +603  Unincorporated Areas of
 Kentucky River).                      confluence to                                      Clark County.
                                       approximately 0.8 mile
                                       upstream of the
                                       Kentucky River
                                       confluence.
Cotton Creek (backwater effects from  From the Upper Howard           None         +602  Unincorporated Areas of
 Kentucky River).                      Creek confluence to                                Clark County.
                                       approximately 0.6 mile
                                       upstream of the Upper
                                       Howard Creek
                                       confluence.
Dumford Hollow (backwater effects     From the Kentucky River         None         +604  Unincorporated Areas of
 from Kentucky River).                 Tributary 1 confluence                             Clark County.
                                       to approximately 1,352
                                       feet upstream of the
                                       Kentucky River
                                       Tributary 1 confluence.
Fourmile Creek (backwater effects     From the Kentucky River         None         +597  Unincorporated Areas of
 from Kentucky River).                 confluence to                                      Clark County.
                                       approximately 1.4
                                       miles upstream of the
                                       Kentucky River
                                       confluence.

[[Page 3594]]

 
Indian Creek (backwater effects from  From the Kentucky River         None         +600  Unincorporated Areas of
 Kentucky River).                      confluence to                                      Clark County.
                                       approximately 0.5 mile
                                       upstream of the
                                       Kentucky River
                                       confluence.
Jouett Creek (backwater effects from  From the Kentucky River         None         +591  Unincorporated Areas of
 Kentucky River).                      confluence to                                      Clark County.
                                       approximately 0.5 mile
                                       upstream of the
                                       Kentucky River
                                       confluence.
Kentucky River......................  At the Boone Creek              None         +590  Unincorporated Areas of
                                       confluence.                                        Clark County.
                                      At the Red River                None         +604
                                       confluence.
Kentucky River Tributary 1            From the Kentucky River         None         +604  Unincorporated Areas of
 (backwater effects from Kentucky      confluence to                                      Clark County.
 River).                               approximately 0.5 mile
                                       upstream of the
                                       Kentucky River
                                       confluence.
Lower Howard Creek..................  Approximately 3.4 miles         +853         +852  City of Winchester,
                                       upstream of Reservoir                              Unincorporated Areas
                                       Lane.                                              of Clark County.
                                      Approximately 273 feet          +962         +961
                                       upstream of Colby Road.
Lower Howard Creek (backwater         From the Kentucky River         None         +592  Unincorporated Areas of
 effects from Kentucky River).         confluence to                                      Clark County.
                                       approximately 1 mile
                                       upstream of the
                                       Kentucky River
                                       confluence.
Lower Howard Creek Tributary H7       From the Lower Howard           +890         +891  Unincorporated Areas of
 (backwater effects from Lower         Creek confluence to                                Clark County.
 Howard Creek).                        approximately 712 feet
                                       upstream of the Lower
                                       Howard Creek
                                       confluence.
Red River (overflow effects from      At the Kentucky River           None         +604  Unincorporated Areas of
 Kentucky River).                      confluence.                                        Clark County.
                                      Approximately 1.2 miles         None         +605
                                       upstream of Irving
                                       Road.
Strodes Creek.......................  Approximately 317 feet          +873         +870  City of Winchester,
                                       upstream of the                                    Unincorporated Areas
                                       Hancock Creek                                      of Clark County.
                                       confluence.
                                      Approximately 0.9 miles         +953         +952
                                       upstream of Pioneer
                                       Drive.
Strodes Creek Tributary S1..........  From the Strodes Creek          +924         +928  City of Winchester,
                                       confluence to                                      Unincorporated Areas
                                       approximately 1,554                                of Clark County.
                                       feet upstream of the
                                       Strodes Creek
                                       confluence.
Strodes Creek Tributary S2            From the Strodes Creek          +927         +928  City of Winchester,
 (backwater effects from Strodes       Tributary S1                                       Unincorporated Areas
 Creek).                               confluence to                                      of Clark County.
                                       approximately 540 feet
                                       upstream of the
                                       Strodes Creek
                                       Tributary S1
                                       confluence.
Strodes Creek Tributary S5            From the Strodes Creek          +921         +926  City of Winchester,
 (backwater effects from Strodes       confluence to                                      Unincorporated Areas
 Creek).                               approximately 1,385                                of Clark County.
                                       feet upstream of the
                                       Strodes Creek
                                       confluence.
Twomile Creek (backwater effects      From the Kentucky River         None         +596  Unincorporated Areas of
 from Kentucky River).                 confluence to                                      Clark County.
                                       approximately 0.8 mile
                                       upstream of the
                                       Kentucky River
                                       confluence.
Upper Howard Creek (backwater         From the Kentucky River         None         +602  Unincorporated Areas of
 effects from Kentucky River).         confluence to                                      Clark County.
                                       approximately 1.9
                                       miles upstream of the
                                       Kentucky River
                                       confluence.
Upper Howard Creek Tributary 3        From the Upper Howard           None         +602  Unincorporated Areas of
 (backwater effects from Kentucky      Creek confluence to                                Clark County.
 River).                               approximately 1,559
                                       feet upstream of the
                                       Upper Howard Creek
                                       confluence.
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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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
                                                    ADDRESSES
City of Winchester
Maps are available for inspection at City Hall, 32 Wall Street, Winchester, KY 40392.
 
Unincorporated Areas of Clark County.
Maps are available for inspection at the Clark County Courthouse, 34 South Main Street, Winchester, KY 40391.
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                                   Mercer County, Ohio, and Incorporated Areas
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Beaver Creek (Lower)................  Approximately 1,400             None         +861  City of Celina.
                                       feet downstream of
                                       Meyer Road.

[[Page 3595]]

 
                                      At the downstream side          None         +861
                                       of the Grand Lake Dam.
Beaver Creek (Upper)................  Approximately 850 feet          +872         +873  Unincorporated Areas of
                                       downstream of State                                Mercer County, Village
                                       Route 219.                                         of Montezuma.
                                      At the downstream side          None         +876
                                       of Casselia Montezuma
                                       Road.
Grand Lake Saint Mary's.............  Entire shoreline within         None         +872  City of Celina.
                                       community.
Saint Mary's River..................  At the Van Wert County          None         +797  Unincorporated Areas of
                                       boundary.                                          Mercer County, Village
                                                                                          of Mendon, Village of
                                                                                          Rockford.
                                      At the Auglaize County          None         +814
                                       boundary.
Wabash River........................  Approximately 0.72 mile         None         +922  Unincorporated Areas of
                                       downstream of State                                Mercer County, Village
                                       Route 49.                                          of Fort Recovery.
                                      Approximately 0.88 mile         None         +928
                                       upstream of North
                                       First 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Celina
Maps are available for inspection at 426 West Market Street, Celina, OH 45822
 
Unincorporated Areas of Mercer County
Maps are available for inspection at the Mercer County Central Service Building, 220 West Livingston Street,
 Room A201, Celina, OH 45822.
 
Village of Fort Recovery
Maps are available for inspection at 201 South Main Street, Fort Recovery, OH 45846.
 
Village of Mendon
Maps are available for inspection at 102 South Main Street, Mendon, OH 45862.
 
Village of Montezuma
Maps are available for inspection at 69 West Main Street, Montezuma, OH 45866.
 
Village of Rockford
Maps are available for inspection at 151 East Columbia Street, Rockford, OH 45882.
----------------------------------------------------------------------------------------------------------------


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

    Dated: January 11, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-1061 Filed 1-19-11; 8:45 am]
BILLING CODE 9110-12-P