FR Doc E9-12108

[Federal Register: May 26, 2009 (Volume 74, Number 99)]
[Proposed Rules]
[Page 24738-24743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my09-16]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1051]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

DATES: Comments are to be submitted on or before August 24, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
You may submit comments, identified by Docket No. FEMA-B-1051, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail)
bill.blanton@dhs.gov.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-3151, or (e-mail) bill.blanton@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make

[[Page 24739]]

determinations of BFEs and modified BFEs for each community listed
below, in accordance with section 110 of the Flood Disaster Protection
Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own, or pursuant to policies established
by other Federal, State, or regional entities. These proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

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

PART 67--[AMENDED]

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

Authority: 42 U.S.C. 4001 et seq.: Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation ** Elevation in meters
(MSL)
--------------------------
Effective Modified
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Jefferson County, Alabama, and Incorporated Areas
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Dry Creek........................... Approximately 630 feet +720 +722 City of Center Point.
upstream of Navajo
Trail NE.
Just upstream of None +958
Chalkville Mountain
Road.
Griffin Brook....................... Approximately 800 feet +634 +631 City of Homewood.
upstream of Lakeshore
Drive.
Approximately 90 feet None +788
upstream of Montgomery
Highway.
Huckleberry Branch.................. Approximately 200 feet +516 +514 City of Hoover, City of
downstream of Tyler Vestavia Hills.
Road.
Approximately 1,500 +824 +814
feet upstream of
Mountain Oaks Drive.
Little Shades Creek (Cahaba Basin).. Approximately 930 feet +431 +432 City of Hoover, City of
upstream of Loch Haven Mountain Brook, City
Drive. of Vestavia Hills.
Just upstream of Pipe +625 +626
Line Road.
Little Shades Creek (Shades Creek).. Just downstream of +515 +514 City of Bessemer, City
Wenonah Oxmoor Road. of Birmingham.
Approximately 2.3 miles +633 +632
downstream of Alabama
Highway 150.
Patton Creek........................ Approximately 0.6 miles +424 +423 City of Hoover, City of
downstream of Alabama Vestavia Hills.
Highway 150.
Approximately 310 feet +534 +533
downstream of West
Ridge Drive.
Pinchgut Creek...................... Approximately 0.7 miles +690 +691 City of Birmingham,
downstream of City of Trussville.
Watterson Parkway.
Approximately 2.0 miles +850 +846
upstream of Gadsden
Highway.
Turkey Creek........................ Approximately 0.7 miles +566 +565 City of Center Point,
downstream of Old City of Clay, City of
Bradford Road. Pinson.
Approximately 950 feet +880 +885
upstream of Eagle
Ridge Drive.
Unnamed Creek 10.................... Approximately 515 feet +605 +607 City of Center Point,
downstream of Main City of Pinson.
Street.
Approximately 90 feet +671 +667
downstream of Houston
Road.
Unnamed Creek 11.................... Just upstream of Center +627 +626 City of Center Point,
Point Road. City of Pinson.
Approximately, 1610 +690 +692
feet upstream of Green
Crest Drive.

[[Page 24740]]

Unnamed Creek 9..................... Just downstream of +591 +590 City of Center Point.
Alabama Highway 151.
Just downstream of +630 +631
Pinson Heights Road.
Valley Creek........................ Approximately 0.5 miles None +431 City of Bessemer.
downstream of Power
Plant Road.
Approximately 0.5 miles None +440
upstream of Power
Plant Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

ADDRESSES
City of Bessemer
Maps are available for inspection at 1800 Third Avenue North, Bessemer, AL 35020.

City of Birmingham
Maps are available for inspection at 710 20th Street North, Birmingham, AL 35203.

City of Center Point
Maps are available for inspection at 2209 Center Point Parkway, Center Point, AL 35215.

City of Clay
Maps are available for inspection at 6757 Old Springville Road, Pinson, AL 35126.

City of Homewood
Maps are available for inspection at 1903 29th Avenue South, Birmingham, AL 35209.

City of Hoover
Maps are available for inspection at 100 Municipal Drive, Hoover, AL 35236.

City of Mountain Brook
Maps are available for inspection at 56 Church Street, Mountain Brook, AL 35213.

City of Pinson
Maps are available for inspection at 4410 Main Street, Pinson, AL 35126.

City of Trussville
Maps are available for inspection at 131 Main Street, Trussville, AL 35173.

City of Vestavia Hills
Maps are available for inspection at 513 Montgomery Highway, Vestavia Hills, AL 35085.
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La Plata County, Colorado, and Incorporated Areas
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Grimes Creek........................ Approximately 0.5 miles +7674 +7674 Unincorporated Areas of
downstream of County La Plata County.
Road 501.
Approximately 1,400 +7779 +7776
feet upstream of West
Grimes Creek Road.
Junction Creek...................... Pleasant Drive in +6641 +6659 Unincorporated Areas of
Durango. La Plata County.
Approximately 0.2 miles +6994 +6996
upstream of National
Forest Boundary.
Los Pinos River..................... Approximately 1.2 miles +6829 +6826 Unincorporated Areas of
downstream of Highway La Plata County.
160B.
Upstream Limit of None +7533
Detailed Study at
Vallecito Reservoir
Dam.
Los Pinos River..................... Approximately 1,200 +6865 +6863 Town of Bayfield.
feet downstream of
Highway 160B.
Downstream face of +6891 +6895
Highway 160 Bridge.
Middle Creek........................ Approximately 0.6 miles +7674 +7674 Unincorporated Areas of
downstream of County La Plata County.
Road 501.
West Grimes Creek Road. +7718 +7717
Vallecito Creek..................... Approximately 0.5 miles +7674 +7674 Unincorporated Areas of
downstream of County La Plata County.
Road 501.
Vallecito Campground/ +7922 +7918
National Forest
Boundary.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

[[Page 24741]]

[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Town of Bayfield
Maps are available for inspection at P.O. Box 80, Bayfield, CO 81122.

Unincorporated Areas of La Plata County
Maps are available for inspection at 1060 East 2nd Avenue, Durango, CO 81301.
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Will County, Illinois, and Incorporated Areas
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Des Plaines River................... Approximately 2,700 +511 +510 Village of Channahon,
feet downstream of City of Joliet,
McKinley Woods Road Unincorporated Areas
(extended). of Will County.
Brandon Road Lock and +515 +512
Dam.
DuPage River........................ At confluence with Des +512 +511 Village of Channahon,
Plaines River. Unincorporated Areas
of Will County.
Approximately 2,700 +512 +511
feet downstream of
Bridge Street.
Illinois & Michigan Canal (backwater The area surrounded in None 3 City of Joliet,
from Des Plaines River). a clockwise direction Unincorporated Areas
by Hickory Creek, Des of Will County.
Plaines River,
Interstate 80, and 250
feet east of Joliet
Street.
Illinois & Michigan Canal (backwater The area surrounded in None 1 City of Joliet.
from Des Plaines River). a clockwise direction
by Interstate 80, Des
Plaines River,
approximately 900 feet
north of Columbia
Street, and Eastern
Avenue.
Jackson Creek....................... At confluence of None +627 Village of Frankfort,
Jackson Creek and Unincorporated Areas
Jackson Branch Creek. of Will County.
104th Avenue........... None +752
Rock Run South...................... At confluence with Des +513 +512 City of Joliet.
Plaines River.
Approximately 2,325 +513 +512
feet downstream of
U.S. Route 6.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

ADDRESSES
City of Joliet
Maps are available for inspection at City Hall, 150 West Jefferson Street, Joliet, IL 60432.

Unincorporated Areas of Will County
Maps are available for inspection at the Will County Land Use Department, 58 East Clinton Street, Joliet, IL
60432.

Village of Channahon
Maps are available for inspection at the Channahon Village Hall, 24555 South Navajo Drive, Channahon, IL 60410.

Village of Frankfort
Maps are available for inspection at the Frankfort Village Hall, 432 West Nebraska Street, Frankfort, IL 60423.
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Jones County, Mississippi, and Incorporated Areas
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Tallahala Creek..................... Approximately 800 feet None +219 City of Laurel,
upstream of Luther Unincorporated Areas
Hill Road. of Jones County.
Approximately 1,000 None +228
feet upstream of U.S.
Highway 84.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

[[Page 24742]]

[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Laurel
Maps are available for inspection at the City Clerk's Office, 401 North 5th Avenue, Laurel, MS 39440.

Unincorporated Areas of Jones County
Maps are available for inspection at the Jones County Courthouse, 415 North 5th Avenue, Laurel, MS 39440.
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Lincoln County, Mississippi, and Incorporated Areas
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Stream 2............................ Approximately 800 feet None +444 Lincoln County.
downstream of Williams
Street.
Stream 5............................ Approximately 850 feet None +464 Lincoln County.
downstream of railroad.
Stream 6............................ Approximately 1,100 None +465 Lincoln County.
feet downstream of
North Jackson Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

ADDRESSES
Lincoln County
Maps are available for inspection at 300 South 2nd Street, Brookhaven, MS 39601.
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Sequatchie County, Tennessee, and Incorporated Areas
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Big Brush Creek..................... At the confluence with None +702 Sequatchie County.
Sequatchie River.
Just upstream of Union None +784
Road.
Little Brush Creek.................. Approximately 0.4 miles None +791 Sequatchie County.
downstream of Old
Union Road.
Approximately 588 feet None +825
upstream of Old Union
Road.
Sequatchie River.................... Just downstream of U.S. None +690 Sequatchie County.
Highway 127.
Approximately 651 feet None +702
upstream of the
confluence with Big
Brush Creek.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

ADDRESSESS
Sequatchie County
Maps are available for inspection at the County Courthouse, 307 Cherry Street East, Dunlap, TN 37327.
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[[Page 24743]]

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

Dated: May 14, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-12108 Filed 5-22-09; 8:45 am]

BILLING CODE 9110-12-P