[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)] [Proposed Rules] [Pages 47160-47164] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-22106] [[Page 47160]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1071] 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 14, 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-1071, 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. 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)Location of referenced Depth in feet above Flooding source(s) elevation ** ground [caret] Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Pickens County, Alabama, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Big Ditch........................... Approximately 1,317 None +163 Unincorporated Areas of feet upstream of the Pickens County. confluence with Tributary 1. Approximately 1.1 mile None +174 upstream of the confluence with Tributary 1. Little Bear Creek................... Approximately 0.8 miles None +235 Unincorporated Areas of downstream of U.S. Pickens County. Highway 82. Approximately 1 mile None +262 upstream of First Avenue. Long Creek.......................... Approximately 845 feet None +254 Unincorporated Areas of upstream of First Pickens County. Avenue. [[Page 47161]] Approximately 1,123 None +255 feet upstream of First Avenue. Lubbub Creek........................ Approximately 0.9 miles None +220 Unincorporated Areas of downstream of U.S. Pickens County. Highway 82. Approximately 1,292 None +227 feet upstream of U.S. Highway 82. Stream 2............................ Approximately 1,375 None +196 Unincorporated Areas of feet downstream of the Pickens County. confluence with Stream 3. Approximately 1,300 None +196 feet downstream of the confluence with Stream 3. Tombigbee River..................... Approximately 1.4 miles None +144 City of Memphis. downstream of the confluence with Beaver Creek. Approximately 0.9 miles None +144 downstream of the confluence with Beaver Creek. ---------------------------------------------------------------------------------------------------------------- * 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 Memphis Maps are available for inspection at 128 Memphis Circle, Aliceville, AL 35442. Unincorporated Areas of Pickens County Maps are available for inspection at Judicial Center, 20 Phoenix Avenue, Room 102, Carrollton, AL 35447. ---------------------------------------------------------------------------------------------------------------- Holmes County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Bay Branch.......................... Approximately 1,922 None +80 Unincorporated Areas of feet upstream of the Holmes County. confluence with West Pittman Creek. Approximately 1.5 miles None +80 upstream of the confluence with West Pittman Creek. Blue Creek.......................... Just downstream of None +74 Unincorporated Areas of Valee Road. Holmes County. Approximately 1.9 miles None +88 upstream of Jack Johnson Road. Camp Branch......................... Approximately 670 feet None +87 Unincorporated Areas of downstream of Bonifay Holmes County, City of Chipley Road. Bonifay. Approximately 364 feet None +122 upstream of N. Waukesha Street. Camp Branch Tributary 1............. Approximately 1,216 None +87 Unincorporated Areas of feet downstream of Joe Holmes County, City of White Road. Bonifay. Approximately 1,047 None +124 feet upstream of Industrial Drive. Caney Branch........................ Approximately 1,725 None +68 Unincorporated Areas of feet upstream of the Holmes County. confluence with Wrights Creek. Approximately 0.9 miles None +68 upstream of the confluence with Wrights Creek. Cow Branch.......................... Approximately 1,232 None +70 Unincorporated Areas of feet downstream of Holmes County, Town of Ammons Road. Ponce De Leon. Approximately 0.4 miles None +92 upstream of Grant Road. Cow Branch Tributary 1.............. At the confluence with None +82 Unincorporated Areas of Cow Branch. Holmes County, Town of Ponce De Leon. Approximately 0.7 miles None +153 upstream of Grant Road. Hathaway Mill Creek................. Just downstream of None +63 Unincorporated Areas of Hathaway Mill Road. Holmes County. Approximately 0.4 miles None +63 upstream of Hathaway Mill Road. [[Page 47162]] Merrill Branch...................... At the confluence with None +80 Unincorporated Areas of Bay Branch. Holmes County. Approximately 0.8 miles None +80 upstream of the confluence with Bay Branch. Mill Creek.......................... Approximately 1,492 None +59 Unincorporated Areas of feet downstream of Holmes County, Town of Jack Brown Drive. Ponce De Leon. Approximately 735 feet None +76 downstream of Jack Brown Drive. Old Creek........................... Just downstream of R.M. None +59 Town of Westville. Ward Road. Approximately 0.6 miles None +59 upstream of R.M Ward Road. Parrot Creek........................ Just upstream of Rum None +88 Unincorporated Areas of Road. Holmes County. At the confluence with None +88 Hand Branch. Sandy Creek......................... Approximately 200 feet None +84 Unincorporated Areas of downstream of County Holmes County. Highway 81A. Approximately 1.5 miles None +102 upstream of County Highway 183A. Unnamed Tributary to Bay Branch..... At the confluence with None +80 Unincorporated Areas of Bay Branch. Holmes County. Approximately 0.8 miles None +80 upstream of the confluence with Bay Branch. West Pittman Creek.................. Just downstream of None +80 Unincorporated Areas of County Highway 179A. Holmes County. Approximately 1,454 None +80 feet upstream of County Highway 179A. Wrights Creek....................... Just downstream of None +88 Unincorporated Areas of Adolph Whitaker Road. Holmes County. Approximately 1.9 miles None +148 upstream of Bush 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 City of Bonifay Maps are available for inspection at City Hall, 301 J. Harvey Ethridge Street, Bonifay, FL 32425. Town of Ponce De Leon Maps are available for inspection at the Town Hall, 1580 Highway 90, Ponce De Leon, FL 32455. Town of Westville Maps are available for inspection at the Town Hall, 2523 North Pine Street, Westville, FL 32464. Unincorporated Areas of Holmes County Maps are available for inspection at the Chamber of Commerce, 106 East Byrd Avenue, Bonifay, FL 32425. ---------------------------------------------------------------------------------------------------------------- Johnson County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Big Mine Fork (Backwater effects From confluence with None +730 Unincorporated Areas of from Paintsville Lake). Paintsville Lake to Johnson County. approximately 1 mile upstream of confluence with Paintsville Lake. Colvin Branch (Backwater effects From confluence with None +730 Unincorporated Areas of from Paintsville Lake). Paintsville Lake to Johnson County. approximately 1,700 feet upstream of confluence with Paintsville Lake. Left Fork Blaine Creek.............. Just downstream of None +690 Unincorporated Areas of confluence with Keaton Johnson County. Fork. Approximately 150 feet None +691 upstream of KY-469. Little Mine Fork (Backwater effects From confluence with None +730 Unincorporated Areas of from Paintsville Lake). Big Mine Fork to Johnson County. approximately 1,100 feet upstream of confluence with Big Mine Fork. [[Page 47163]] Little Paint Creek (Backwater From confluence with None +730 Unincorporated Areas of effects from Paintsville Lake). Paintsville Lake to Johnson County. approximately 1.3 miles upstream of confluence with Paintsville Lake. Paintsville Lake.................... Entire shoreline of None +730 Unincorporated Areas of Paintsville Lake. Johnson County. ---------------------------------------------------------------------------------------------------------------- * 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 Johnson County Maps are available for inspection at 908 3rd Street, Paintsville, KY 41240. ---------------------------------------------------------------------------------------------------------------- Beauregard Parish, Louisiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cowpen Creek........................ Just downstream of +175 +174 Unincorporated Areas of Graybow Road. Beauregard Parish. Approximately 0.9 miles +197 +196 upstream of Sunset Lane. Hickory Branch Creek................ Approximately 0.7 miles +161 +160 Unincorporated Areas of downstream of Mays Beauregard Parish, Street. City of Deridder. Approximately 1300 feet +174 +173 upstream of Park Road. Palmetto Creek...................... Just upstream of +132 +131 Unincorporated Areas of Highway 171. Beauregard Parish, City of Deridder. Just downstream of +181 +180 Highway 190. Unnamed Tributary of Cowpen Creek... At the confluence with +193 +192 Unincorporated Areas of Cowpen Creek. Beauregard Parish. Approximately 0.4 miles +193 +192 upstream of Country Lane. ---------------------------------------------------------------------------------------------------------------- * 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 Deridder Maps are available for inspection at 200 South Jefferson Street, Deridder, LA 70634. Unincorporated Areas of Beauregard Parish Maps are available for inspection at 201 West 2nd Street, Deridder, LA 70634. ---------------------------------------------------------------------------------------------------------------- Pontotoc County, Oklahoma, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Clear Boggy Creek................... Approximately 990 feet None +817 Unincorporated Areas of downstream of Highway Pontotoc County, City 377. of Ada. Approximately 400 feet None +819 downstream of Stonecipher Boulevard. Little Sandy Creek.................. Approximately 900 feet None +916 Unincorporated Areas of downstream of North Pontotoc County, City 3570 Road. of Ada. Approximately 528 feet +982 +984 upstream of Constant Avenue. [[Page 47164]] Town Branch......................... Approximately 1,500 None +822 Unincorporated Areas of feet downstream of Pontotoc County, Town North 3700 Road. of Allen. Approximately 1,550 None +852 feet upstream of East B 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 City of Ada Maps are available for inspection at 231 South Townsend Street, Ada, OK 78420. Town of Allen Maps are available for inspection at 109 North Memphis Street, Allen, OK 78425. Unincorporated Areas of Pontotoc County Maps are available for inspection at 120 West 13th Street, Ada, OK 74821. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Edward L. Connor, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9-22106 Filed 9-14-09; 8:45 am] BILLING CODE 9110-12-P