FR Doc E9-21471

[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Proposed Rules]
[Page 46068-46074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se09-29]

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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-1065]

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 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) kevin.long@dhs.gov.

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) kevin.long@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 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:

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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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Colfax County, New Mexico, and Incorporated Areas
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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.
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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 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.
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Luna County, New Mexico, and Incorporated Areas
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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.
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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 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.
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Taos County, New Mexico, and Incorporated Areas
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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.
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* 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.

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.
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Cannon County, Tennessee, and Incorporated Areas
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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.
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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 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.
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Stewart County, Tennessee, and Incorporated Areas
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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).
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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 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.
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DeWitt County, Texas, and Incorporated Areas
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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.
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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 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.
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Medina County, Texas, and Incorporated Areas
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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.
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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 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.
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Washington County, Texas, and Incorporated Areas
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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.
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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 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.
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Box Elder County, Utah, and Incorporated Areas
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Box Elder Creek..................... Just upstream of Watery None +4236 City of Brigham City.
Lane.
Upstream end of Mayor's None +4541
Pond spillway.
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[[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.

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.
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(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]

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