[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)] [Proposed Rules] [Pages 46068-46074] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-21471] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1065] 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 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 December 7, 2009. 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-1065, to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820, or (e-mail) [email protected]. FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820, or (e-mail) [email protected]. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and 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. [[Page 46069]] Sec. 67.4 [Amended] 2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows: ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD)Depth in feet above Flooding source(s) Location of referenced ground [caret] Communities affected elevation ** Elevation in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Colfax County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Ranton Creek........................ Approximately 450 feet None +6541 Unincorporated Areas of downstream of Kiowa Colfax County. Avenue. Approximately 150 feet None +6547 downstream of Kiowa Avenue. ---------------------------------------------------------------------------------------------------------------- * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Colfax County Maps are available for inspection at the Floodplain Manager's Office, 116 South 3rd Street, Raton, NM 87740. ---------------------------------------------------------------------------------------------------------------- Luna County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Mimbres River....................... Approximately 2.1 miles +4152 +4151 Unincorporated Areas of upstream of State Luna County. Highway 549 Southeast. Approximately 1,500 +4280 +4282 feet downstream of Interstate Highway 10. ---------------------------------------------------------------------------------------------------------------- * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Luna County Maps are available for inspection at 201 East Cody Street, Deming, NM 88030. ---------------------------------------------------------------------------------------------------------------- Taos County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Bitter Creek........................ At the confluence with +8654 +8659 Town of Red River, Red River. Unincorporated Areas of Taos County. Approximately 1,150 None +8696 feet upstream of High Creek. Red River........................... Just upstream of High +8608 +8612 Town of Red River, Cost Trail. Unincorporated Areas of Taos County. Approximately 1.08 None +8782 ....................... miles downstream of Goose Lake Trail 66. Rio Lucero.......................... At the confluence with None +6886 Pueblo of Taos. Rio Pueblo De Taos. Approximately 0.56 None +6995 miles upstream of Paseo Del Pueblo Norte Road. Rio Pueblo De Taos.................. Just upstream of None +6886 Town of Taos, Pueblo of Karavas Road. Taos. Approximately 600 feet None +6952 downstream of Paseo Del Pueblo Norte Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [[Page 46070]] [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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Pueblo of Taos Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571. Town of Red River Maps are available for inspection at 100 East Main Street, Red River, NM 87558. Town of Taos Maps are available for inspection at the Planning Department, 400 Camino De La Placita, Taos, NM 87571. Unincorporated Areas of Luna County Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571. ---------------------------------------------------------------------------------------------------------------- Cannon County, Tennessee, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- East Fork Stones River.............. Approximately 80 feet None +690 Unincorporated Areas of downstream of Cannon County. confluence with Lehman Branch. Approximately 40 feet None +706 ....................... upstream of Dolittle 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Cannon County Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190. ---------------------------------------------------------------------------------------------------------------- Stewart County, Tennessee, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Tennessee River..................... County Boundary Between None +375 Unincorporated Areas of Houston/Stewart Stewart County. Counties, Tennessee (approximately River Mile 74.2). From the Kennedy/ None +375 Tennessee state boundary (approximately River Mile 49.2). ---------------------------------------------------------------------------------------------------------------- * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Stewart County Maps are available for inspection at 226 Lakeview Drive, Dover, TN 37058. ---------------------------------------------------------------------------------------------------------------- DeWitt County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Gohlke Creek........................ Just upstream of Old None +166 Unincorporated Areas of Clinton Road. DeWitt County. Approximately 800 feet None +167 downstream of West Heaton Street. SCS Channel......................... Approximately 1.1 miles None +178 Unincorporated Areas of downstream of Old DeWitt County. Cheapside Road. [[Page 46071]] Approximately 650 feet None +184 downstream of Terrell Street. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [caret] Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of DeWitt County Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954. ---------------------------------------------------------------------------------------------------------------- Medina County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Burnt Boot Creek.................... Approximately 1,570 None +634 Unincorporated Areas of feet downstream of the Medina County, City of intersection of Devine. Thompson Avenue. Approximately 0.54 None +700 miles upstream of the intersection of RM 92. Chacon Creek........................ Approximately 1.46 None +660 Unincorporated Areas of miles downstream of Medina County, City of the intersection of Natalia. Highway 81. Approximately 698 feet None +717 upstream of the intersection of RM 139. East Branch of Live Oak Creek....... Approximately 2.28 None +847 Unincorporated Areas of miles downstream of Medina County, City of the intersection of Hondo. Highway 90. Approximately 2.02 None +913 miles upstream of the intersection of Highway 90. Elm Slough.......................... Approximately 1.13 None +803 Unincorporated Areas of miles downstream of CR Medina County, City of 446. Hondo. Approximately 1,987 None +888 feet upstream of Co. Highway 443. Flat Creek.......................... Approximately 2.4 miles None +720 Unincorporated Areas of downstream of the Medina County, City of intersection of Castroville. Highway 90. Approximately 1.7 miles None +784 upstream of the intersection of Highway 90. Fort Ewell Creek.................... Just upstream of the None +694 Unincorporated Areas of confluence of Chacon Medina County, City of Creek. Natalia. Just downstream of the None +701 intersection of RM 136. Hondo Creek......................... Approximately 0.50 None +839 Unincorporated Areas of miles downstream of CR Medina County. 4526. Approximately 1.29 None +917 miles upstream of Vandenburg Road. Hondo Creek Tributary............... Approximately 873 feet None +862 Unincorporated Areas of downstream of Highway Medina County. 173. Approximately 0.62 None +878 miles upstream of Highway 173. Kempf Creek......................... Just upstream of the None +758 Unincorporated Areas of confluence of Medina Medina County, City of River. Castroville. Approximately 215 feet None +778 downstream of the intersection of Farm Road 471. Little Live Oak Creek and flooding Approximately 1.41 None +812 Unincorporated Areas of effects. miles downstream of Medina County, City of the intersection of CR Hondo. 532. Approximately 1,011 None +897 feet upstream of 19th Street. Little Sous Creek................... Approximately 4,009 None +737 Unincorporated Areas of feet downstream of the Medina County. intersection of Highway 90. Approximately 2.2 miles None +827 upstream of the intersection of Highway 90. Medina River........................ Approximately 0.60 None +689 Unincorporated Areas of miles downstream of Medina County, City of the intersection of Castroville. Lacoste Road. Approximately 1.8 miles None +767 upstream of the confluence of Kempf Creek. [[Page 46072]] Parkers Creek....................... Approximately 2.71 None +826 Unincorporated Areas of miles downstream of Medina County. the intersection of FM 2200. Approximately 1.61 None +914 miles upstream of the intersection of Highway 90. Polecat Creek....................... Approximately 0.55 None +708 Unincorporated Areas of miles downstream of Medina County, City of the intersection of LaCoste. Dhanis Street. Approximately 503 feet None +722 upstream of the intersection of FM 471. San Fransisco Perez Creek........... Approximately 0.49 None +646 Unincorporated Areas of miles downstream of Medina County, City of the intersection of RM Devine. 101. Approximately 1.1 miles None +699 upstream of the intersection of RM 90. Seco Creek.......................... Approximately 5.94 None +838 Unincorporated Areas of miles downstream of Medina County. the intersection of CR 512. Approximately 4.1 miles None +935 upstream of the intersection of CR 428. South Fork San Geronimo Creek....... Approximately 786 feet None +1324 Unincorporated Areas of downstream of the Medina County. confluence of Unnamed Tributary 1 to South Fork San Geronimo Creek. Approximately 947 feet None +1407 upstream of the confluence of Unnamed Tributary 2 to South Fork San Geronimo Creek. South Polecat Creek................. Approximately 0.42 None +708 Unincorporated Areas of miles downstream of Medina County, City of the intersection of LaCoste. Dhanis Street. Approximately 0.44 None +730 miles upstream of the intersection of Contis Avenue. Tehuacana Creek..................... Approximately 1.24 None +623 Unincorporated Areas of miles downstream of Medina County. the confluence of East Tehuacana Creek. Just downstream of the None +660 confluence of West Fork Tehuacana Creek. Unnamed Tributary 1 to San Geronimo Approximately 1.4 miles None +1360 Unincorporated Areas of Creek. upstream of the Medina County. confluence of San Geronimo Creek. Approximately 2.6 miles None +1465 upstream of the confluence of San Geronimo Creek. Unnamed Tributary 1 to South Fork Just upstream of the None +1345 Unincorporated Areas of San Geronimo Creek. confluence of South Medina County. Fork San Geronimo Creek. Approximately 1,844 None +1371 feet upstream of the confluence of South Fork San Geronimo Creek. Unnamed Tributary 2 to South Fork Just upstream of the None +1401 Unincorporated Areas of San Geronimo Creek. confluence of South Medina County. Fork San Geronimo Creek. Approximately 1,069 None +1412 feet upstream of the confluence of South Fork San Geronimo Creek. Unnamed Tributary 2 to San Geronimo Approximately 779 feet None +1295 Unincorporated Areas of Creek. upstream of the Medina County. intersection of RT 37. Approximately 0.65 None +1339 miles upstream of the intersection of RT 37. Unnamed Tributary to Medina Approximately 1,514 None +1159 Unincorporated Areas of Diversion Reservoir. feet downstream of the Medina County. confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir. Approximately 1.4 miles None +1242 upstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir. Unnamed Tributary to Unnamed Just upstream of the None +1173 Unincorporated Areas of Tributary to Medina Diversion confluence of Unnamed Medina County. Reservoir. Tributary to Medina Diversion Reservoir. Approximately 0.8 miles None +1264 upstream of the confluence of Unnamed Tributary to Medina Diversion Reservoir. West Branch Little Live Oak Creek... Approximately 0.57 None +832 Unincorporated Areas of miles downstream of Medina County, City of intersection of CR 532. Hondo. Approximately 0.39 None +885 miles upstream of the intersection of CR 530. [[Page 46073]] West Fork Tehuacana Tributary....... Just upstream of the None +668 Unincorporated Areas of confluence of West Medina County. Fork Tehuacana Creek. Approximately 0.62 None +699 miles upstream of CR 732. West Prong Atascosa River........... Approximately 295 feet None +693 Unincorporated Areas of downstream of the Medina County, City of intersection of Main Lytle. Street. Just downstream of the None +715 intersection of CR 681. West Tehuacana Creek................ Just upstream of the None +662 Unincorporated Areas of confluence of Medina County. Tehuacana Creek. Approximately 1,258 None +707 feet upstream of the intersection of CR 732. ---------------------------------------------------------------------------------------------------------------- * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Castroville Maps are available for inspection at 703 Paris Street, Castroville, TX 78009. City of Devine Maps are available for inspection at 303 South Teel Drive, Devine, TX 78016. City of Hondo Maps are available for inspection at 1600 Avenue M, Hondo, TX 78861. City of LaCoste Maps are available for inspection at 16004 South Front Street, LaCoste, TX 78039. City of Lytle Maps are available for inspection at 19325 FM 2790, Lytle, TX 78052. City of Natalia Maps are available for inspection at 300 3rd Street, Natalia, TX 78059. Unincorporated Areas of Medina County Maps are available for inspection at 709 Avenue Y, Hondo, TX 78861. ---------------------------------------------------------------------------------------------------------------- Washington County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Hog Branch.......................... Approximately 2,500 None +240 Unincorporated Areas of feet upstream of North Washington County. Blue Bell Road. Approximately 1,000 None +249 feet upstream of North Blue Bell Road. Little Sandy Creek.................. Approximately 300 feet None +240 Unincorporated Areas of upstream of Old Washington County. Independence Road. Approximately 200 feet None +278 downstream of Burleson Street. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [caret] Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Washington County Maps are available for inspection at the County Courthouse, 100 East Main, Brenham, TX 77833. ---------------------------------------------------------------------------------------------------------------- Box Elder County, Utah, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Box Elder Creek..................... Just upstream of Watery None +4236 City of Brigham City. Lane. Upstream end of Mayor's None +4541 Pond spillway. ---------------------------------------------------------------------------------------------------------------- [[Page 46074]] * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Brigham City Maps are available for inspection at 20 North Main Street, Brigham City, UT 84302. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9-21471 Filed 9-4-09; 8:45 am] BILLING CODE 9110-12-P