[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Proposed Rules]
[Page 47160-47164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se09-28]
[[Page 47160]]
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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-1071]
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 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) 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.
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)
Location of referenced Depth in feet above
Flooding source(s) elevation ** ground [caret] Elevation Communities affected
in meters (MSL)
--------------------------
Effective Modified
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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.
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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
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.
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Holmes County, Florida, and Incorporated Areas
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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.
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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
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
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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.
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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 Johnson County
Maps are available for inspection at 908 3rd Street, Paintsville, KY 41240.
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Beauregard Parish, Louisiana, and Incorporated Areas
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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.
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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
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.
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Pontotoc County, Oklahoma, and Incorporated Areas
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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.
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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
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.
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(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