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Proposed Rule

Proposed Flood Elevation Determinations

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Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

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 January 31, 2008.

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-7744, 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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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 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.

Start List of Subjects

List of Subjects in 44 CFR Part 67

End List of Subjects

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

Start Part

PART 67—[AMENDED]

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

Start Authority

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.

End Authority
[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Start Printed Page 62179

Flooding source(s)Location of referenced elevation***Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above groundCommunities affected
EffectiveModified
Autauga County, Alabama, and Incorporated Areas
Autauga Creek1570 feet downstream from County Road 4None+159City of Prattville, Unincorporated Areas of Autauga County.
4370 feet upstream from Railroad+278+280
Tributary 1Confluence with Autauga Creek+205+199City of Prattville.
1050 feet upstream from confluence with Autauga Creek+207+199
Tributary 21254 feet upstream from confluence with Autauga Creek+204+207City of Prattville, Unincorporated Areas of Autauga County.
16 feet upstream from Railroad+226+228
Breakfast Creek220 feet upstream from confluence with Autauga CreekNone+211City of Prattville.
235 feet upstream from Bridge Creek RoadNone+319
Noland Creek32 feet downstream from confluence with Dry BranchNone+165City of Prattville.
3288 feet upstream from Copper Ridge RoadNone+304
Pine CreekAt South Memorial Drive+159+163City of Prattville.
2440 feet upstream from confluence with Dunn Branch+307+311
Tributary 1380 feet upstream from confluence with Pine Creek+287+289City of Prattville.
907 feet upstream from North Memorial Drive+334+332
Tributary 2430 feet upstream from Holly Court+312+314City of Prattville.
1520 feet upstream from Henderson Lane+348+350
Tributary 3330 feet upstream from confluence with Pine Creek Tributary 4+296+301City of Prattville.
2095 feet upstream from confluence with Pine Creek Tributary 4+300+313
Tributary 415 feet upstream from confluence with Pine Creek Tributary 3+296+297City of Prattville.
1240 feet upstream from confluence with Pine Creek Tributary 3+302+310
Rogers Branch290 feet upstream from confluence with Noland CreekNone+249City of Prattville.
7600 feet upstream from confluence with Noland CreekNone+393
Swift Creek6510 feet upstream from Highway 14 WNone+155Town of Autaugaville.
7370 feet upstream from Highway 14 WNone+157
White Water Creek2150 feet upstream from Highway 14 WNone+157Town of Autaugaville.
3720 feet upstream from Highway 14 WNone+162
* 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 Prattville
Maps are available for inspection at 101 West Main Street, Prattville, AL 36067.
Town of Autaugaville
Maps are available for inspection at 109 North Taylor Street, Autaugaville, AL 36003.
Unincorporated Areas of Autauga County
Maps are available for inspection at 134 N. Court Street, Room 106, Prattville, AL 36067.
Jackson County, Alabama, and Incorporated Areas
Bengis Creek Tributary1180 feet upstream from County Route 85None+614City of Stevenson.
1195 feet upstream from County Route 85None+614
Crow Creek240 feet upstream from John T Reid ParkwayNone+607City of Stevenson.
790 feet upstream from County Route 53None+610
Dry Creek2300 feet upstream from Snodgrass RoadNone+608Unincorporated Areas of Jackson County.
25 feet downstream from Southern RailwayNone+622
Guntersville Lake8810 feet upstream from Goosepond DriveNone+598City of Scottsboro.
Start Printed Page 62180
4900 feet downstream from Goosepond DriveNone+598
Little Paint Creek80 feet downstream from County Route 108+590+589Unincorporated Areas of Jackson County.
50 feet upstream from County Route 108None+591
Tennessee River1300 feet downstream from RailroadNone+612City of Bridgeport.
6020 feet downstream from RailroadNone+612
Town Creek4310 feet upstream from County Route 33None+605Unincorporated Areas of Jackson County.
4320 feet upstream from County Route 33None+605
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
** 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 Bridgeport
Maps are available for inspection at 116 Jim Thomas Avenue, Bridgeport, AL 35740.
City of Scottsboro
Maps are available for inspection at 916 S. Broad Street, Scottsboro, AL 35768.
City of Stevenson
Maps are available for inspection at 104 Kentucky Avenue, Stevenson, AL 35772.
Unincorporated Areas of Jackson County
Maps are available for inspection at 102 E. Laurel Street, Suite 47, Scottsboro, AL 35768.
Tulsa County, Oklahoma, and Incorporated Areas
Anderson CreekApproximately 480 ft upstream of confluence with Fisher Creek+659+656City of Sand Springs, Unincorporated Areas of Tulsa County.
Approximately 2480 Feet upstream of confluence with Anderson Creek Tributary+744+746
TributaryConfluence with Anderson Creek+738+737City of Sand Springs, Unincorporated Areas of Tulsa County.
Approximately 1780 ft upstream of S 153rd Ave WNone+787
Tributary A-1Confluence with Anderson Creek TributaryNone+773Unincorporated Areas of Tulsa County.
Approximately 1285 ft upstream of confluence with Anderson Creek TributaryNone+785
Arkansas RiverApproximately 7000 ft downstream of S 185th Ave E and E 161st St intersection (Wagoner County line)+581+582Unincorporated Areas of Tulsa County, City of Jenks, City of Sand Springs, City of Tulsa, Town of Bixby.
Keystone Dam+665+666
Ator TributaryConfluence with Bird CreekNone+600City of Owasso.
Intersection with E 4th St.+600+603
Berryhill CreekConfluence with Arkansas River+641+642City of Sand Springs, Unincorporated Areas of Tulsa County.
Approximately 5995 ft upstream of S 65th Ave W+709+714
TributaryConfluence with Berryhill Creek+665+666Unincorporated Areas of Tulsa County.
Approximately 180 ft upstream of W 41st St+701+704
Bigheart CreekConfluence with Arkansas River+643+644Unincorporated Areas of Tulsa County.
Approximately 2000 ft upstream of W Cameron St+675+674
Bird Creek Tributary 5AConfluence with Bird Creek+590+591City of Owasso.
Approximately 3300 ft upstream of N 123rd Ave E+654+653
Blackjack CreekConfluence with Horsepen Creek+601+603City of Owasso.
Approximately 400 ft upstream of E 116th St NNone+682
Start Printed Page 62181
Tributary AConfluence with Blackjack Creek+614+613City of Collinsville, Unincorporated Areas of Tulsa County.
Intersection with 19th St.+645+644
Charley CreekConfluence with Bird Creek+616+617Unincorporated Areas of Tulsa County.
Approximately 1020 ft upstream of N Yale AveNone+638
Cherokee School CreekConfluence with Bird CreekNone+606Unincorporated Areas of Tulsa County.
Approximately 2900 ft upstream of E 66th St NNone+616
Cherry Creek (North Tulsa)Confluence with Horsepen Creek+609+610Unincorporated Areas of Tulsa County.
Approximately 330 ft upstream of E 126th St NNone+681
Cherry Creek (West Tulsa)Confluence with Arkansas River+625+624Unincorporated Areas of Tulsa County, City of Tulsa.
Approximately 2200 ft upstream of W 21st StNone+643
TributaryConfluence with Cherry Creek (North Tulsa)None+661Unincorporated Areas of Tulsa County.
Approximately 5800 ft upstream of E 136th St NNone+687
Coal Creek (West Tulsa)Confluence with Polecat Creek+625+624City of Jenks, Unincorporated Areas of Tulsa County.
Approximately 4145 feet upstream of W 151st St. intersection+711+712
Tributary AConfluence with Coal Creek+644+646City of Glenpool.
Approximately 360 ft downstream of S Elwood AveNone+673
Tributary BConfluence with Coal Creek (West Tulsa)+644+645City of Glenpool, Unincorporated Areas of Tulsa County.
Intersection with E 131st Street+697+698
Country Estates CreekConfluence with Blackjack Creek+637+643Unincorporated Areas of Tulsa County.
Approximately 700 ft downstream of E 121st St NNone+666
Duck CreekConfluence with Snake Creek+608+606Unincorporated Areas of Tulsa County.
Approximately 9100 ft upstream of U.S. 75+683+684
TributaryConfluence with Duck Creek+661+662Unincorporated Areas of Tulsa County.
Approximately 10,000 ft upstream of U.S. 75+685+686
East CreekApproximately 2780 ft downstream of E 146 St N+601+600Unincorporated Areas of Tulsa County.
Approximately 50 ft downstream of E 126th St N+665+664
Euchee Creek Tributary 1Confluence with Euchee CreekNone+688City of Sand Springs.
Approximately 170 ft upstream of confluence with Euchee CreekNone+691
Tributary 2Confluence with Euchee CreekNone+689Unincorporated Areas of Tulsa County.
Approximately 2000 ft upstream of confluence with Euchee CreekNone+690
Fisher CreekConfluence with Arkansas River+649+650Unincorporated Areas of Tulsa County.
Approximately 4100 ft upstream of W 41st StNone+795
Fisher Creek OverflowConfluence with Arkansas RiverNone+651City of Sand Springs, Unincorporated Areas of Tulsa County.
Approximately 2600 ft upstream of S 145th Ave WNone+656
Fisher Creek TributaryConfluence with Fisher CreekNone+701Unincorporated Areas of Tulsa County.
Approximately 1200 ft upstream of S 157th Ave WNone+775
Fox Meadow TributaryConfluence with Blackjack CreekNone+657Unincorporated Areas of Tulsa County.
Approximately 1400 ft upstream of E 120th St NNone+676
Franklin Creek (Formerly Arkansas River Tributary at Sand SpringsConfluence with Arkansas River+650+651City of Sand Springs, Unincorporated Areas of Tulsa County.
Approximately 5,770 ft upstream of intersection with W 12th StNone+750
Start Printed Page 62182
Fred CreekConfluence with Arkansas River+618+615City of Tulsa.
617 ft upstream of E 71st St.+706+705
Fry Ditch No. 1 TributaryConfluence with Fry Ditch No. 1None+606Town of Bixby.
Approximately 620 ft upstream of E 119th StNone+616
Fry Ditch No. 2Confluence with Arkansas River+604+605Town of Bixby.
Approximately 522 ft upstream of E 86th St+726+727
Fry Ditch No. 2 TributaryConfluence with Fry Ditch No. 2None+622Town of Bixby.
Approximately 60 ft downstream of E Greens AveNone+632
Hager CreekConfluence with Polecat Creek+625+623City of Jenks.
Approximately 85 feet downstream of S Elwood intersection+628+629
Harlow Creek OverflowApproximately 240 ft upstream of S 41st Ave WNone+640Unincorporated Areas of Tulsa County, City of Tulsa.
Approximately 1970 ft upstream of S 57th Ave WNone+644
Horsepen CreekApproximately 3970 feet downstream of 137th St. (county line)+600+601City of Collinsville.
Approximately 2400 feet upstream of N Sheridan RdNone+661
North Tributary 1Confluence with Horsepen CreekNone+625Unincorporated Areas of Tulsa County.
Approximately 1600 ft upstream of N Memorial DrNone+642
North Tributary 2Confluence with Horsepen CreekNone+634Unincorporated Areas of Tulsa County.
Approximately 7100 ft upstream of E 166th St NNone+678
North Tributary 3Confluence with Horsepen CreekNone+637Unincorporated Areas of Tulsa County.
Approximately 4300 ft downstream of N Highway 75None+657
Horsepen Creek Tributary BConfluence with Horsepen CreekNone+642Unincorporated Areas of Tulsa County.
Approximately 370 ft upstream of confluence with Horsepen Creek Tributary BNone+644
Confluence with Horsepen Creek Tributary BNone+643Unincorporated Areas of Tulsa County.
Approximately 2800 ft upstream of confluence witih Horsepen Creek Tributary BNone+650
Tributary CConfluence with Horcepen CreekNone+646City of Collinsville, Unincorporated Areas of Tulsa County.
Approximately 750 ft upstream of E State Highway 20None+653
Horsepin CreekConfluence with South Fork Horse Creek+633+634Town of Skiatook.
Approximately 3100 ft upstream of E Cherokee St+638+637
Joe CreekConfluence with Arkansas River+619+616City of Tulsa.
Confluence with East and West Branches of Joe Creek+662+660
Little Sand CreekConfluence with Arkansas River+662+663Unincorporated Areas of Tulsa County.
Approximately 4680 ft upstream of W 8th St+749+751
Lower Fred CreekConfluence with Arkansas River+616+614City of Tulsa.
Approximately 324 ft upstream of E 86th St+621+618
Mooser CreekConfluence with Arkansas River+625+624City of Tulsa.
Approximately 314 ft downstream of W 57th St+714+713
Neckel CreekConfluence with Polecat Creek+629+630City of Tulsa.
Approximately 950 ft upstream of W 91st St+635+636
Nichols CreekConfluence with Coal Creek (West Tulsa)+684+681City of Glenpool.
2,180 Feet downstream from W 141st Street (County Boundary)+756+755
Panther CreekConfluence with Charley Creek+621+624Unincorporated Areas of Tulsa County.
Approximately 2100 ft upstream of N Yale AveNone+639
Polecat CreekConfluence with Arkansas River+612+610City of Jenks, Unincorporated Areas of Tulsa County.
Intersection with S 33rd Ave+633+634
Posey CreekConfluence with Arkansas River+605+606City of Glenpool.
Approximately 52 feet upstream of E 151st Street+702+703
North Tributary 1Confluence with Posey Creek+629+630Unincorporated Areas of Tulsa County.
Approximately 130 ft downstream of S 7th St+711+712
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South Tributary 1Confluence with Posey Creek+612+610Unincorporated Areas of Tulsa County, Town of Bixby.
Approximately 2700 ft upstream of E 151st StNone+668
South Tributary 2Confluence with Posey CreekNone+624Unincorporated Areas of Tulsa County, Town of Bixby.
Approximately 540 ft upstream of S Harvard AveNone+662
Prattville CreekConfluence with Arkansas River+650+649City of Sand Springs.
Approximately 930 Ft upstream of S 112th Ave WNone+739
Tributary 1Confluence with Prattville CreekNone+667City of Sand Springs.
Approximately 780 ft upstream of confluence with Prattville CreekNone+671
Tributary 2Confluence with Prattville CreekNone+693City of Tulsa.
Approximately 260 ft downstream of S Whispering Creek DrNone+701
Tributary 3Confluence with Prattville CreekNone+712City of Sand Springs.
Approximately 1350 ft downstream of S Linwood DrNone+725
Tributary 4Confluence with Prattville CreekNone+728City of Sand Springs.
Approximately 260 ft upstream of confluence with Prattville CreekNone+730
Ranch CreekConfluence with Bird Creek+591+592Unincorporated Areas of Tulsa County.
Approximately 1070 ft upstream of E 116th St NNone+659
Ranch Creek TributaryConfluence with Ranch Creek+591+592Unincorporated Areas of Tulsa County.
Approximately 1100 ft upstream of N Sheridan RdNone+669
Tributary AConfluence with Ranch Creek+591+592City of Owasso.
Intersection with N Garnett Rd+677+674
Tributary BConfluence with Ranch Creek+607+608City of Owasso, Unincorporated Areas of Tulsa County.
Approximately 50 ft downstream of E 106th St+649+650
Redfork CreekConflucence with Arkansas River+646+647City of Sand Springs, Unincorporated Areas of Tulsa County.
Approximately 1680 ft upstream of E 41st St+646+647
Tributary 1Confluence with Redfork CreekNone+696City of Sand Springs.
Approximately 1500 ft upstream of confluence with Redfork CreekNone+722
Tributary 2Confluence with Redfork CreekNone+715City of Sand Springs.
Approximately 775 ft upstream of confluence with Redfork CreekNone+744
Remington TributaryConfluence with Blackjack CreekNone+650Unincorporated Areas of Tulsa County.
Approximately 250 ft upstream of E 122nd St NNone+653
Rolling Meadows CreekConfluence with Coal Creek (West Tulsa)+694+691City of Glenpool, Unincorporated Areas of Tulsa County.
Approximately 1480 ft. upstream of S 26th Ave. W. Intersection+738+740
Sand CreekConfluence with Arkansas River+660+659City of Sand Springs.
Intersection with Archer St+723+722
Sand Springs Lake TributaryConfluence with West Bigheart Creek+663+661City of Sand Springs.
Approximately 1,460 ft upstream of Old North RD ENone+773
Sawgrass TributaryConfluence with Ranch Creek Tributary BNone+647City of Owasso.
Approximately 850 ft upstream of confluence with Ranch Creek Tributary BNone+654
Shady Grove CreekConfluence with Harlow Creek+659+658Unincorporated Areas of Tulsa County.
Approximately 3235 ft upstream of U.S. 64+665+664
Skunk CreekConfluence with Bird CreekNone+636Unincorporated Areas of Tulsa County.
Approximately 1450 ft upstream of N Lewis AveNone+667
Snake CreekConfluence with Arkansas River+597+598Unincorporated Areas of Tulsa County.
Approximately 10,900 ft upstream of 201st St+614+613
Start Printed Page 62184
Snake Creek TributaryConfluence with Snake Creek+597+598Unincorporated Areas of Tulsa County.
Approximately 1381 ft upstream of E 181st St+604+603
Three Lakes TributaryConfluence with Bird Creek Tributary 5ANone+603City of Owasso.
Approximately 320 ft downstream of E 83rd St. NNone+604
Vensel CreekConfluence with Arkansas River+611+610City of Tulsa.
Approximately 49 ft downstream of E 82nd St+691+690
Vensel Creek SouthConfluence with Arkansas River+611+610City of Tulsa.
Approximately 39 ft downstream of E 101st St+617+616
West Bigheart CreekConfluence with Bigheart Creek+649+650City of Sand Springs.
Approximately 2300 ft upstream of E Old North Rd+720+721
White Church CreekConfluence with Haikey Creek+607+605Unincorporated Areas of Tulsa County.
Approximately 218 ft upstream of E 111th St+679+680
* 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 Collinsville
Maps are available for inspection at 106 N. 12th St., Collinsville, OK 74021.
City of Glenpool
Maps are available for inspection at 14522 Broadway, Glenpool, OK 74033.
City of Jenks
Maps are available for inspection at 2111 N. Elm St., Jenks, OK 74037.
City of Owasso
Maps are available for inspection at 207 South Cedar St., Owasso, OK 74055.
City of Sand Springs
Maps are available for inspection at 216 North Lincoln, Sand Springs, OK 74063.
City of Tulsa
Maps are available for inspection at 2317 South Jackson, ste. 302, Tulsa, OK 74103.
Town of Bixby
Maps are available for inspection at 116 West Needles St., Bixby, OK 74008.
Town of Skiatook
Maps are available for inspection at 100 North Broadway, Skiatook, OK 74070.
Unincorporated Areas of Tulsa County
Maps are available for inspection at 633 W. 3rd. Ste 140, Tulsa, OK 74127.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Dated: October 29, 2007.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. E7-21595 Filed 11-1-07; 8:45 am]

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