Proposed Flood Elevation Determinations, 5769-5774 [2011-2281]

Download as PDF Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules provided about the quality of care they are receiving or have received. (2) The written notice must contain the name of the QIO, its mailing address, electronic mail address, and telephone number. (3) The clinic or center must document in the beneficiary’s record that the written notice was presented to the beneficiary or beneficiary’s representative or surrogate. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) Dated: August 26, 2010. Donald M. Berwick, Administrator, Centers for Medicare & Medicaid Services. Approved: January 27, 2011 Kathleen Sebelius, Secretary. [FR Doc. 2011–2275 Filed 2–1–11; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2011–0002; Internal Agency Docket No. FEMA–B–1174] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: 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 proposed rule 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 mstockstill on DSKH9S0YB1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:04 Feb 01, 2011 Jkt 223001 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 May 3, 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–1170, 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) luis.rodriguez1@dhs.gov. 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) luis.rodriguez1@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 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 5769 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: 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: E:\FR\FM\02FEP1.SGM 02FEP1 5770 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective Communities affected Modified Benton County, Arkansas, and Incorporated Areas Blossom Way Creek ............. At the Osage/Turtle Creek confluence ......................... Approximately 0.4 mile upstream of 1st Street ............ Approximately 1,530 feet upstream of the Little Sugar Creek confluence. +1205 +1347 None +1204 +1346 +1095 Approximately 1,600 feet upstream of State Highway 94 North. At the Brush Creek confluence .................................... Approximately 0.37 mile upstream of the Brush Creek confluence. Approximately 1,875 feet downstream of Willow Ridge Way. At the upstream side of Mills Lane .............................. At the Cross Creek confluence .................................... Approximately 1,625 feet upstream of West Drive ...... At the Cross Creek Tributary 1 confluence .................. Approximately 150 feet upstream of West Drive ......... At the Flint Creek confluence ....................................... None +1198 None None +1114 +1131 City of Little Flock. None +1249 City of Rogers. None None None None None None +1313 +1267 +1307 +1267 +1310 +1201 None +1211 +1281 +1280 Approximately 0.41 mile upstream of the Blossom Way Creek confluence. Approximately 0.45 mile downstream of the North Flint Creek and East Flint Creek confluence. None +1303 None +1193 At the North Flint Creek and East Flint Creek confluence. Approximately 0.71 mile downstream of Southwest Regional Airport Boulevard. None +1201 None +1163 At the Little Osage Creek Tributary 2 confluence ........ Approximately 390 feet downstream of Brookside Road. Approximately 600 feet upstream of the upstream crossing of West Fish Hatchery Road. Approximately 210 feet downstream of Southwest Opal Road. None None +1182 +1219 None +1258 None +1182 Approximately 0.5 mile downstream of Southwest I Street. At the Little Osage Creek Tributary 2 confluence ........ None +1268 None +1205 Approximately 1,510 feet upstream of Greenhouse Road. At the Little Osage Creek Tributary 2.1 confluence ..... None +1244 None +1228 Approximately 0.68 mile upstream of the Little Osage Creek Tributary 2.1 confluence. At the Little Osage Creek Tributary 2.1 confluence ..... None +1257 None +1237 None +1254 North Flint Creek ................... Approximately 0.52 mile upstream of the Little Osage Creek Tributary 2.1 confluence. At the Flint Creek confluence ....................................... None +1201 None +1212 Osage Tributary 1 ................. Approximately 0.55 mile upstream of the Flint Creek confluence. At the Osage/Turtle Creek confluence ......................... +1196 +1194 Brush Creek .......................... Brush Creek Tributary ........... Cross Creek .......................... Cross Creek Tributary 1 ....... Cross Creek Tributary 2 ....... East Flint Creek .................... East Tributary of Blossom Way Creek. Flint Creek ............................. Little Osage Creek (downstream reach). Little Osage Creek (upstream reach). Little Osage Creek Tributary 2. Little Osage Creek Tributary 2.1. Little Osage Creek Tributary 2.1.1. mstockstill on DSKH9S0YB1PROD with PROPOSALS Little Osage Creek Tributary 2.1.2. VerDate Mar<15>2010 16:04 Feb 01, 2011 Approximately 1,830 feet upstream of Aubrey Long Road. At the Blossom Way Creek confluence ....................... Jkt 223001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\02FEP1.SGM 02FEP1 City of Rogers. City of Little Flock, City of Rogers, Unincorporated Areas of Benton County. City of Rogers. City of Rogers. Town of Springtown, Unincorporated Areas of Benton County. City of Rogers. Town of Springtown, Unincorporated Areas of Benton County. City of Bentonville, Unincorporated Areas of Benton County. City of Bentonville, City of Centerton. City of Bentonville, Unincorporated Areas of Benton County. City of Bentonville, City of Centerton, Unincorporated Areas of Benton County. City of Centerton. City of Centerton, Unincorporated Areas of Benton County. Town of Springtown, Unincorporated Areas of Benton County. City of Bentonville, City of Rogers. Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective Communities affected Modified Osage Tributary 2 ................. At the downstream side of Riviera Road ..................... At the Osage Tributary 1 confluence ........................... +1256 +1251 +1257 +1256 Osage Tributary 3 ................. Approximately 1,450 feet upstream of I–540 ............... At the Osage Tributary 1 confluence ........................... Approximately 1,550 feet upstream of I–540 ............... At the Osage/Turtle Creek confluence ......................... None +1268 None +1190 +1283 +1269 +1284 +1189 Approximately 1,800 feet upstream of South Rainbow Road. Approximately 0.47 mile downstream of Southgate Road. None +1270 None +1152 Approximately 700 feet upstream of 5th Street ........... At the Osage/Turtle Creek confluence ......................... +1347 +1284 +1346 +1288 City of Rogers. Approximately 50 feet downstream of Dixieland Road At the Blossom Way Creek confluence ....................... +1310 +1289 +1309 +1288 City of Rogers. At the downstream side of South 8th Street ................ At the Tributary 1 to Blossom Way Creek confluence None +1302 +1331 +1303 City of Rogers. Approximately 750 feet upstream of South 1st Street At the Osage/Turtle Creek confluence ......................... None +1277 +1333 +1276 Approximately 1,580 feet upstream of 2nd Street ....... At the Turtle Creek Tributary confluence ..................... Approximately 1,050 feet upstream of West Easy Street. Approximately 370 feet upstream of West Monroe Avenue. Approximately 300 feet upstream of Links Drive ......... At the Blossom Way Creek confluence ....................... None None None +1352 +1324 +1355 City of Rogers. None +1273 City of Lowell. None +1277 +1285 +1276 City of Rogers. None +1303 Osage Tributary 4 ................. Osage/Turtle Creek ............... Superior Tributary to Osage/ Turtle Creek. Tributary 1 to Blossom Way Creek. Tributary 2 to Blossom Way Creek. Turtle Creek Tributary ........... Turtle Creek Tributary 1A ..... Unnamed Tributary to Puppy Creek. West Tributary to Blossom Way Creek. Approximately 0.49 mile upstream of the Blossom Way Creek confluence. mstockstill on DSKH9S0YB1PROD with PROPOSALS 5771 City of Bentonville, City of Rogers. City of Rogers. City of Rogers, Unincorporated Areas of Benton County. City of Cave Springs, City of Rogers, Unincorporated Areas of Benton County. City of Little Flock, City of Rogers. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ 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 Bentonville Maps are available for inspection at City Hall, 117 West Central Avenue, Bentonville, AR 72712. City of Cave Springs Maps are available for inspection at City Hall, 134 North Main Street, Cave Springs, AR 72718. City of Centerton Maps are available for inspection at City Hall, 290 Main Street, Centerton, AR 72719. City of Little Flock Maps are available for inspection at City Hall, 1500 Little Flock Drive, Rogers, AR 72756. City of Lowell Maps are available for inspection at City Hall, 216 North Lincoln Street, Lowell, AR 72745. City of Rogers Maps are available for inspection at City Hall, 301 West Chestnut Street, Rogers, AR 72756. Town of Springtown Maps are available for inspection at the Town Hall, 12055 Wasson Road, Springtown, AR 72734. Unincorporated Areas of Benton County Maps are available for inspection at the Benton County Administration Building, 215 East Central Avenue, Bentonville, AR 72712. VerDate Mar<15>2010 16:04 Feb 01, 2011 Jkt 223001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\02FEP1.SGM 02FEP1 5772 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective Communities affected Modified White County, Illinois, and Incorporated Areas Griffith Lake ........................... Little Wabash River ............... Old Channel Wabash River .. Unnamed Ponding Area ....... Unnamed Tributary to Little Wabash River. Unnamed Tributary to Little Wabash River, West Branch. Wabash River ....................... Entire shoreline within community ................................ Approximately 0.7 mile upstream of County Highway 23. None +376 +391 +377 At County Road 1200 East (Lowe Road) .................... Approximately 0.82 mile downstream of Mulberry Street extended. Approximately 250 feet downstream of North Street extended. Entire area of ponding north of the abandoned railroad. +379 None +381 +386 None +386 None +398 At the upstream side of College Boulevard ................. +377 +379 At the downstream side of the abandoned railroad (approximately 1.94 miles upstream of the Little Wabash River confluence). At the Unnamed Tributary to Little Wabash River confluence. None +394 None +380 At the downstream side of Fairground Road ............... Approximately 0.51 mile downstream of County Road 1100 North (Emma Street) extended. Approximately 480 feet upstream of County Road 1100 North (Emma Street) extended. None None +383 +374 None City of Carmi. City of Carmi, Unincorporated Areas of White County. +375 City of Grayville. City of Carmi, Unincorporated Areas of White County. City of Carmi, Unincorporated Areas of White County. City of Carmi, Unincorporated Areas of White County. Village of Maunie. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ 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 Carmi Maps are available for inspection at City Hall, 225 East Main Street, Carmi, IL 62821. City of Grayville Maps are available for inspection at City Hall, 122 South Court Street, Grayville, IL 62844. Unincorporated Areas of White County Maps are available for inspection at the White County Courthouse, 301 East Main Street, Carmi, IL 62821. Village of Maunie Maps are available for inspection at the Village Hall, 328 Sheridan Street, Maunie, IL 62861 mstockstill on DSKH9S0YB1PROD with PROPOSALS Missouri River ....................... At the Atchison County boundary ................................ None +797 Peters Creek ......................... Approximately 1.7 miles upstream of Main Street ....... At the Missouri River confluence ................................. None +811 +858 +813 At the upstream side of Chicago Rock Island and Pacific Railroad. +812 +813 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. VerDate Mar<15>2010 16:04 Feb 01, 2011 Jkt 223001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\02FEP1.SGM 02FEP1 City of Elwood, City of Wathena, City of White Cloud, Iowa Tribe of Kansas And Nebraska, Unincorporated Areas of Doniphan County. Unincorporated Areas of Doniphan County, City of Wathena. Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective 5773 Communities affected Modified ** 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 Elwood Maps are available for inspection at City Hall, 207 North 6th Street, Elwood, KS 66024. City of Wathena Maps are available for inspection at City Hall, 206 Saint Joseph Street, Wathena, KS 66090. City of White Cloud Maps are available for inspection at City Hall, 2017 Main Street, White Cloud, KS 66094. Iowa Tribe of Kansas and Nebraska Maps are available for inspection at 3345 B Thrasher Road, White Cloud, KS 66094. Unincorporated Areas of Doniphan County Maps are available for inspection at 120 East Chesnut Street, Doniphan County Courthouse, Troy, KS 66087. Blair County, Pennsylvania (All Jurisdictions) Bells Gap Run ....................... Blair Gap Run ....................... Blair Gap Run ....................... Brush Run ............................. Burgoon Run ......................... Cabbage Creek ..................... Clover Creek ......................... Frankstown Branch Juniata River. Halter Creek .......................... Laurel Run ............................ Little Juniata River ................ mstockstill on DSKH9S0YB1PROD with PROPOSALS Mill Run ................................. Poplar Run ............................ At the downstream side of Becker Road ..................... At the upstream side of Becker Road .......................... Approximately 0.59 mile upstream of Mill Road .......... Approximately 0.69 mile upstream of Mill Road .......... Approximately 975 feet upstream of the railroad ......... Approximately 890 feet downstream of 2nd Avenue ... At the upstream side of 17th Street ............................. Approximately 149 feet upstream of 17th Street ......... Approximately 405 feet upstream of Oak Avenue ....... Approximately 585 feet upstream of Oak Avenue ....... Approximately 745 feet upstream of Main Street ........ Approximately 975 feet upstream of Main Street ........ Approximately 130 feet upstream of Private Drive ...... None None None None None None None None None None +1223 +1224 +1075 +1044 +1067 +1136 +1141 +1019 +1022 +1096 +1098 +1132 +1135 +1222 +1223 +1072 Approximately 700 feet upstream of Private Drive ...... Approximately 1,855 feet downstream of State Route 36 (Woodbury Pike). Approximately 1,050 feet downstream of State Route 36 (Woodbury Pike). Approximately 709 feet downstream of Mountain Street. Approximately 479 feet downstream of Mountain Street. Approximately 1,025 feet upstream of Clite’s Road .... Approximately 1,045 feet upstream of Clite’s Road .... Approximately 1,415 feet downstream of the Homer Gap Run confluence. Approximately 1,205 feet downstream of the Homer Gap Run confluence. At the downstream side of 58th Street ........................ Approximately 550 feet upstream of Poplar Run Road Approximately 780 feet upstream of Poplar Run Road +1075 +998 +1074 +995 +999 +998 +1143 +1144 +1144 +1146 None None None +1016 +1017 +1081 None +1081 +1051 None None +1052 +1234 +1239 Borough of Bellwood. Township of Allegheny. Township of Allegheny. Township of Logan. Township of Logan. Township of Taylor. Township of Huston, Township of Woodbury. Township of Freedom. Borough of Roaring Spring. Township of Snyder. Township of Logan. City of Altoona. Township of Freedom. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ 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 Borough of Bellwood Maps are available for inspection at the Borough Hall, 400 North 1st Street, Bellwood, PA 16617. Borough of Roaring Spring Maps are available for inspection at the Borough Building, 616 Spang Street, Roaring Spring, PA 16673. VerDate Mar<15>2010 16:04 Feb 01, 2011 Jkt 223001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\02FEP1.SGM 02FEP1 5774 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective City of Altoona Maps are available for inspection Township of Allegheny Maps are available for inspection Township of Freedom Maps are available for inspection Township of Huston Maps are available for inspection Township of Logan Maps are available for inspection Township of Snyder Maps are available for inspection Township of Taylor Maps are available for inspection Township of Woodbury Maps are available for inspection at the Allegheny Township Building, 3131 Colonial Drive, Duncansville, PA 16635. at the Freedom Township Building, 131 Municipal Street, East Freedom, PA 16637. at the Huston Township Office, 1538 Sportsman Road, Martinsburg, PA 16662. at the Logan Township Building, 100 Chief Logan Circle, Altoona, PA 16602. at the Snyder Township Building, 108 Baughman Hollow Road, Tyrone, PA 16686. at the Taylor Township Municipal Building, 1002 Route 36, Roaring Spring, PA 16673. at the Woodbury Township Building, 6385 Clover Creek Road, Williamsburg, PA 16693. rulemaking and grant and loan solicitations. Dated: January 24, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. DATES: [FR Doc. 2011–2281 Filed 2–1–11; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 170 [OCIIO–9983–NC; Docket No. THE SECRETARY–OS–2010–0034] RIN 0950–AA19 Planning and Establishment of Consumer Operated and Oriented Plan Program; Request for Comments Regarding Provisions of Consumer Operated and Oriented Plan Program Office of Consumer Information and Insurance Oversight, Department of Health and Human Services. ACTION: Request for comments. AGENCY: This document is a request for comments regarding the provisions of section 1322 of the Patient Protection and Affordable Care Act (the Affordable Care Act), enacted on March 23, 2010, which requires the Secretary to establish the Consumer Operated and Oriented Plan program. The Secretary of Health and Human Services invites public comments in advance of future mstockstill on DSKH9S0YB1PROD with PROPOSALS SUMMARY: 16:04 Feb 01, 2011 Modified at City Hall, 1301 12th Street, Suite 300, Altoona, PA 16601. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) VerDate Mar<15>2010 Communities affected Jkt 223001 To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on March 4, 2011. ADDRESSES: All comments will be made available to the public. WARNING: Do not include any confidential business information that you do not want publicly disclosed. All comments are posted on the Internet exactly as received, and can be retrieved by most Internet search engines. No deletions, modifications, or redactions will be made to the comments received, as they are public records. In commenting, please refer to file code OCIIO–9983–NC. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments using any of the following methods (please choose only one of the ways listed): • Electronically. You may submit electronic comments to https:// www.regulations.gov. Follow the instructions under the ‘‘More Search Options’’ tab. • Mail. You may mail written comments to the following address ONLY: Office of Consumer Information and Insurance Oversight, Department of Health and Human Services, Attention: OCIIO–9983–NC, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. Please allow sufficient time for mailed comments to be received before the close of the comment period. PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 • Hand or Courier. If you prefer, you may deliver (by hand or courier) your written comments before the close of the comment period to the following address: Office of Consumer Information and Insurance Oversight, Department of Health and Human Services, Attention: OCIIO–9983–NC, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the OCIIO drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed. Comments mailed to the address indicated as appropriate for hand or courier delivery may be delayed and received after the close of the comment period. FOR FURTHER INFORMATION CONTACT: Catherine Halverson, Office of Consumer Information and Insurance Oversight, Department of Health and Human Services, at (301) 492–4391. Customer Service Information: Individuals interested in obtaining information about the Patient Protection and Affordable Care Act may visit the Secretary of Health and Human Services’ Web site (https:// www.HealthCare.gov). SUPPLEMENTARY INFORMATION: E:\FR\FM\02FEP1.SGM 02FEP1

Agencies

[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Proposed Rules]
[Pages 5769-5774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2281]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1174]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this proposed
rule 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 May 3, 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-1170, 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)
luis.rodriguez1@dhs.gov.

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) luis.rodriguez1@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
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:

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:

[[Page 5770]]

----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation** Elevation in meters
(MSL)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Benton County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Blossom Way Creek................... At the Osage/Turtle +1205 +1204 City of Rogers.
Creek confluence.
Approximately 0.4 mile +1347 +1346 .......................
upstream of 1st Street.
Brush Creek......................... Approximately 1,530 None +1095 City of Little Flock,
feet upstream of the City of Rogers,
Little Sugar Creek Unincorporated Areas
confluence. of Benton County.
Approximately 1,600 None +1198 .......................
feet upstream of State
Highway 94 North.
Brush Creek Tributary............... At the Brush Creek None +1114 City of Little Flock.
confluence.
Approximately 0.37 mile None +1131 .......................
upstream of the Brush
Creek confluence.
Cross Creek......................... Approximately 1,875 None +1249 City of Rogers.
feet downstream of
Willow Ridge Way.
At the upstream side of None +1313 .......................
Mills Lane.
Cross Creek Tributary 1............. At the Cross Creek None +1267 City of Rogers.
confluence.
Approximately 1,625 None +1307 .......................
feet upstream of West
Drive.
Cross Creek Tributary 2............. At the Cross Creek None +1267 City of Rogers.
Tributary 1 confluence.
Approximately 150 feet None +1310 .......................
upstream of West Drive.
East Flint Creek.................... At the Flint Creek None +1201 Town of Springtown,
confluence. Unincorporated Areas
of Benton County.
Approximately 1,830 None +1211 .......................
feet upstream of
Aubrey Long Road.
East Tributary of Blossom Way Creek. At the Blossom Way +1281 +1280 City of Rogers.
Creek confluence.
Approximately 0.41 mile None +1303 .......................
upstream of the
Blossom Way Creek
confluence.
Flint Creek......................... Approximately 0.45 mile None +1193 Town of Springtown,
downstream of the Unincorporated Areas
North Flint Creek and of Benton County.
East Flint Creek
confluence.
At the North Flint None +1201 .......................
Creek and East Flint
Creek confluence.
Little Osage Creek (downstream Approximately 0.71 mile None +1163 City of Bentonville,
reach). downstream of Unincorporated Areas
Southwest Regional of Benton County.
Airport Boulevard.
At the Little Osage None +1182 .......................
Creek Tributary 2
confluence.
Little Osage Creek (upstream reach). Approximately 390 feet None +1219 City of Bentonville,
downstream of City of Centerton.
Brookside Road.
Approximately 600 feet None +1258 .......................
upstream of the
upstream crossing of
West Fish Hatchery
Road.
Little Osage Creek Tributary 2...... Approximately 210 feet None +1182 City of Bentonville,
downstream of Unincorporated Areas
Southwest Opal Road. of Benton County.
Approximately 0.5 mile None +1268 .......................
downstream of
Southwest I Street.
Little Osage Creek Tributary 2.1.... At the Little Osage None +1205 City of Bentonville,
Creek Tributary 2 City of Centerton,
confluence. Unincorporated Areas
of Benton County.
Approximately 1,510 None +1244 .......................
feet upstream of
Greenhouse Road.
Little Osage Creek Tributary 2.1.1.. At the Little Osage None +1228 City of Centerton.
Creek Tributary 2.1
confluence.
Approximately 0.68 mile None +1257 .......................
upstream of the Little
Osage Creek Tributary
2.1 confluence.
Little Osage Creek Tributary 2.1.2.. At the Little Osage None +1237 City of Centerton,
Creek Tributary 2.1 Unincorporated Areas
confluence. of Benton County.
Approximately 0.52 mile None +1254 .......................
upstream of the Little
Osage Creek Tributary
2.1 confluence.
North Flint Creek................... At the Flint Creek None +1201 Town of Springtown,
confluence. Unincorporated Areas
of Benton County.
Approximately 0.55 mile None +1212 .......................
upstream of the Flint
Creek confluence.
Osage Tributary 1................... At the Osage/Turtle +1196 +1194 City of Bentonville,
Creek confluence. City of Rogers.

[[Page 5771]]

At the downstream side +1256 +1257 .......................
of Riviera Road.
Osage Tributary 2................... At the Osage Tributary +1251 +1256 City of Bentonville,
1 confluence. City of Rogers.
Approximately 1,450 None +1283 .......................
feet upstream of I-540.
Osage Tributary 3................... At the Osage Tributary +1268 +1269 City of Rogers.
1 confluence.
Approximately 1,550 None +1284 .......................
feet upstream of I-540.
Osage Tributary 4................... At the Osage/Turtle +1190 +1189 City of Rogers,
Creek confluence. Unincorporated Areas
of Benton County.
Approximately 1,800 None +1270 .......................
feet upstream of South
Rainbow Road.
Osage/Turtle Creek.................. Approximately 0.47 mile None +1152 City of Cave Springs,
downstream of City of Rogers,
Southgate Road. Unincorporated Areas
of Benton County.
Approximately 700 feet +1347 +1346 .......................
upstream of 5th Street.
Superior Tributary to Osage/Turtle At the Osage/Turtle +1284 +1288 City of Rogers.
Creek. Creek confluence.
Approximately 50 feet +1310 +1309 .......................
downstream of
Dixieland Road.
Tributary 1 to Blossom Way Creek.... At the Blossom Way +1289 +1288 City of Rogers.
Creek confluence.
At the downstream side None +1331 .......................
of South 8th Street.
Tributary 2 to Blossom Way Creek.... At the Tributary 1 to +1302 +1303 City of Rogers.
Blossom Way Creek
confluence.
Approximately 750 feet None +1333 .......................
upstream of South 1st
Street.
Turtle Creek Tributary.............. At the Osage/Turtle +1277 +1276 City of Little Flock,
Creek confluence. City of Rogers.
Approximately 1,580 None +1352 .......................
feet upstream of 2nd
Street.
Turtle Creek Tributary 1A........... At the Turtle Creek None +1324 City of Rogers.
Tributary confluence.
Approximately 1,050 None +1355 .......................
feet upstream of West
Easy Street.
Unnamed Tributary to Puppy Creek.... Approximately 370 feet None +1273 City of Lowell.
upstream of West
Monroe Avenue.
Approximately 300 feet None +1285 .......................
upstream of Links
Drive.
West Tributary to Blossom Way Creek. At the Blossom Way +1277 +1276 City of Rogers.
Creek confluence.
Approximately 0.49 mile None +1303
upstream of the
Blossom Way 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
City of Bentonville
Maps are available for inspection at City Hall, 117 West Central Avenue, Bentonville, AR 72712.

City of Cave Springs
Maps are available for inspection at City Hall, 134 North Main Street, Cave Springs, AR 72718.

City of Centerton
Maps are available for inspection at City Hall, 290 Main Street, Centerton, AR 72719.

City of Little Flock
Maps are available for inspection at City Hall, 1500 Little Flock Drive, Rogers, AR 72756.

City of Lowell
Maps are available for inspection at City Hall, 216 North Lincoln Street, Lowell, AR 72745.

City of Rogers
Maps are available for inspection at City Hall, 301 West Chestnut Street, Rogers, AR 72756.

Town of Springtown
Maps are available for inspection at the Town Hall, 12055 Wasson Road, Springtown, AR 72734.

Unincorporated Areas of Benton County
Maps are available for inspection at the Benton County Administration Building, 215 East Central Avenue,
Bentonville, AR 72712.
----------------------------------------------------------------------------------------------------------------

[[Page 5772]]

White County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Griffith Lake....................... Entire shoreline within None +391 City of Carmi.
community.
Little Wabash River................. Approximately 0.7 mile +376 +377 City of Carmi,
upstream of County Unincorporated Areas
Highway 23. of White County.
At County Road 1200 +379 +381 .......................
East (Lowe Road).
Old Channel Wabash River............ Approximately 0.82 mile None +386 City of Grayville.
downstream of Mulberry
Street extended.
Approximately 250 feet None +386 .......................
downstream of North
Street extended.
Unnamed Ponding Area................ Entire area of ponding None +398 City of Carmi,
north of the abandoned Unincorporated Areas
railroad. of White County.
Unnamed Tributary to Little Wabash At the upstream side of +377 +379 City of Carmi,
River. College Boulevard. Unincorporated Areas
of White County.
At the downstream side None +394 .......................
of the abandoned
railroad
(approximately 1.94
miles upstream of the
Little Wabash River
confluence).
Unnamed Tributary to Little Wabash At the Unnamed None +380 City of Carmi,
River, West Branch. Tributary to Little Unincorporated Areas
Wabash River of White County.
confluence.
At the downstream side None +383 .......................
of Fairground Road.
Wabash River........................ Approximately 0.51 mile None +374 Village of Maunie.
downstream of County
Road 1100 North (Emma
Street) extended.
Approximately 480 feet None +375 .......................
upstream of County
Road 1100 North (Emma
Street) extended.
----------------------------------------------------------------------------------------------------------------
* 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 Carmi
Maps are available for inspection at City Hall, 225 East Main Street, Carmi, IL 62821.

City of Grayville
Maps are available for inspection at City Hall, 122 South Court Street, Grayville, IL 62844.

Unincorporated Areas of White County
Maps are available for inspection at the White County Courthouse, 301 East Main Street, Carmi, IL 62821.

Village of Maunie
Maps are available for inspection at the Village Hall, 328 Sheridan Street, Maunie, IL 62861
----------------------------------------------------------------------------------------------------------------
Missouri River...................... At the Atchison County None +797 City of Elwood, City of
boundary. Wathena, City of White
Cloud, Iowa Tribe of
Kansas And Nebraska,
Unincorporated Areas
of Doniphan County.
Approximately 1.7 miles None +858 .......................
upstream of Main
Street.
Peters Creek........................ At the Missouri River +811 +813 Unincorporated Areas of
confluence. Doniphan County, City
of Wathena.
At the upstream side of +812 +813 .......................
Chicago Rock Island
and Pacific Railroad.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

[[Page 5773]]

** 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 Elwood
Maps are available for inspection at City Hall, 207 North 6th Street, Elwood, KS 66024.

City of Wathena
Maps are available for inspection at City Hall, 206 Saint Joseph Street, Wathena, KS 66090.

City of White Cloud
Maps are available for inspection at City Hall, 2017 Main Street, White Cloud, KS 66094.

Iowa Tribe of Kansas and Nebraska
Maps are available for inspection at 3345 B Thrasher Road, White Cloud, KS 66094.

Unincorporated Areas of Doniphan County
Maps are available for inspection at 120 East Chesnut Street, Doniphan County Courthouse, Troy, KS 66087.
----------------------------------------------------------------------------------------------------------------
Blair County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Bells Gap Run....................... At the downstream side None +1044 Borough of Bellwood.
of Becker Road.
At the upstream side of None +1067 .......................
Becker Road.
Blair Gap Run....................... Approximately 0.59 mile None +1136 Township of Allegheny.
upstream of Mill Road.
Approximately 0.69 mile None +1141 .......................
upstream of Mill Road.
Blair Gap Run....................... Approximately 975 feet None +1019 Township of Allegheny.
upstream of the
railroad.
Approximately 890 feet None +1022 .......................
downstream of 2nd
Avenue.
Brush Run........................... At the upstream side of None +1096 Township of Logan.
17th Street.
Approximately 149 feet None +1098 .......................
upstream of 17th
Street.
Burgoon Run......................... Approximately 405 feet None +1132 Township of Logan.
upstream of Oak Avenue.
Approximately 585 feet None +1135 .......................
upstream of Oak Avenue.
Cabbage Creek....................... Approximately 745 feet +1223 +1222 Township of Taylor.
upstream of Main
Street.
Approximately 975 feet +1224 +1223 .......................
upstream of Main
Street.
Clover Creek........................ Approximately 130 feet +1075 +1072 Township of Huston,
upstream of Private Township of Woodbury.
Drive.
Approximately 700 feet +1075 +1074 .......................
upstream of Private
Drive.
Frankstown Branch Juniata River..... Approximately 1,855 +998 +995 Township of Freedom.
feet downstream of
State Route 36
(Woodbury Pike).
Approximately 1,050 +999 +998 .......................
feet downstream of
State Route 36
(Woodbury Pike).
Halter Creek........................ Approximately 709 feet +1143 +1144 Borough of Roaring
downstream of Mountain Spring.
Street.
Approximately 479 feet +1144 +1146 .......................
downstream of Mountain
Street.
Laurel Run.......................... Approximately 1,025 None +1016 Township of Snyder.
feet upstream of
Clite's Road.
Approximately 1,045 None +1017 .......................
feet upstream of
Clite's Road.
Little Juniata River................ Approximately 1,415 None +1081 Township of Logan.
feet downstream of the
Homer Gap Run
confluence.
Approximately 1,205 None +1081 .......................
feet downstream of the
Homer Gap Run
confluence.
Mill Run............................ At the downstream side +1051 +1052 City of Altoona.
of 58th Street.
Poplar Run.......................... Approximately 550 feet None +1234 Township of Freedom.
upstream of Poplar Run
Road.
Approximately 780 feet None +1239 .......................
upstream of Poplar Run
Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
Borough of Bellwood
Maps are available for inspection at the Borough Hall, 400 North 1st Street, Bellwood, PA 16617.

Borough of Roaring Spring
Maps are available for inspection at the Borough Building, 616 Spang Street, Roaring Spring, PA 16673.

[[Page 5774]]

City of Altoona
Maps are available for inspection at City Hall, 1301 12th Street, Suite 300, Altoona, PA 16601.

Township of Allegheny
Maps are available for inspection at the Allegheny Township Building, 3131 Colonial Drive, Duncansville, PA
16635.

Township of Freedom
Maps are available for inspection at the Freedom Township Building, 131 Municipal Street, East Freedom, PA
16637.

Township of Huston
Maps are available for inspection at the Huston Township Office, 1538 Sportsman Road, Martinsburg, PA 16662.

Township of Logan
Maps are available for inspection at the Logan Township Building, 100 Chief Logan Circle, Altoona, PA 16602.

Township of Snyder
Maps are available for inspection at the Snyder Township Building, 108 Baughman Hollow Road, Tyrone, PA 16686.

Township of Taylor
Maps are available for inspection at the Taylor Township Municipal Building, 1002 Route 36, Roaring Spring, PA
16673.

Township of Woodbury
Maps are available for inspection at the Woodbury Township Building, 6385 Clover Creek Road, Williamsburg, PA
16693.
----------------------------------------------------------------------------------------------------------------

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

Dated: January 24, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-2281 Filed 2-1-11; 8:45 am]
BILLING CODE 9110-12-P

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