[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Proposed Rules]
[Page 47164-47169]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se09-29]
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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-1064]
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-1064, 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.
[[Page 47165]]
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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Baxter County, Arkansas, and Incorporated Areas
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North Fork River................... Just downstream of State +397 +398 City of Norfork,
Highway 177. Unincorporated Areas
of Baxter County,
City of Salesville.
At the confluence with +397 +398
White River.
Tributary 1 to Dodd Creek. At the confluence with +784 +785 City of Mountain
Dodd Creek. Home.
Approximately 505 feet None +834
upstream of Burnett Drive.
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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 Baxter County
Maps are available for inspection at the County Courthouse, 1 East 7th Street, Mountain Home, AR 72653.
City of Mountain Home
Maps are available for inspection at 720 South Hickory Street, Mountain Home, AR 72653.
City of Norfork
Maps are available for inspection at 49 City Hall Circle, Norfork, AR 72658.
City of Salesville
Maps are available for inspection at 46 Salesville Circle, Salesville, AR 72653.
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Kauai County, Hawaii, and Incorporated Areas
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Pacific Ocean...................... On the Pacific Ocean None 1 Unincorporated Areas
coastline, on the east of Kauai County.
side of the island,
approximately 0.6 mile
northeast of Kuahona
Point.
On the Pacific Ocean None 89
coastline, on the east
side of the island,
approximately 0.9 mile
southeast of the
intersection of Niumalu
Road and Hulemalu Road.
Approximately 2,075 feet None 1
southeast of the
intersection of Waapa
Road and Niumalu 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.
[[Page 47166]]
ADDRESSES
Unincorporated Areas of Kauai County
Maps are available for inspection at the Department of Public Works, 4444 Rice Street, Suite 175, Lihue, HI
96766.
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Delaware County, Indiana, and Incorporated Areas
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Muncie Creek....................... Just downstream of +939 +939 City of Muncie,
McCulloch Boulevard. Unincorporated Areas
of Delaware County.
Just downstream of Norfolk None +959
Southern Railroad.
West Fork White River.............. Approximately 2,200 feet +872 +873 Unincorporated Areas
downstream of Interstate of Delaware County,
69. City of Muncie, Town
of Daleville, Town
of Yorktown.
Approximately 17,780 feet +993 +992
upstream of County Road
700.
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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 Muncie
Maps are available for inspection at City Hall, 300 North High Street, Muncie, IN 47334.
Town of Daleville
Maps are available for inspection at the Town Hall, 8019 Walnut Street, Daleville, IN 47334.
Town of Yorktown
Maps are available for inspection at the Town Hall, 9800 West Smith Street, Yorktown, IN 47396.
Unincorporated Areas of Delaware County
Maps are available for inspection at the County Building, 100 West Main Street, Muncie, IN 47305.
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Tangipahoa Parish, Louisiana, and Incorporated Areas
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Ponchatoula Creek.................. Approximately 1,726 feet None +79 Town of Independence.
upstream of the
confluence of Ponchatoula
Creek and Unnamed
Tributary.
Approximately 1.92 miles None +87
upstream of the
confluence of Ponchatoula
Creek and Unnamed
Tributary.
Tangipahoa River................... Approximately 1.18 miles None +118 Town of Roseland.
upstream of the
confluence of the
Tangipahoa River and Big
Creek.
Approximately 1,809 feet None +126
downstream of the
intersection of the
Tangipahoa River and
Highway 10.
Unnamed Tributary.................. Approximately 0.65 miles None +79 Town of Independence.
upstream of the
confluence of Unnamed
Tributary and Ponchatoula
Creek.
Approximately 0.81 miles None +80
upstream of the
confluence of Unnamed
Tributary and Ponchatoula
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
Town of Independence
Maps are available for inspection at P.O. Box 35, Independence, LA 70443.
Town of Roseland
[[Page 47167]]
Maps are available for inspection at 62438 Commercial Drive, Roseland, LA 70546.
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Todd County, Minnesota, and Incorporated Areas
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Long Prairie River................. Approximately 15,140 feet None +1284 City of Long Prairie,
downstream of U.S. Unincorporated Areas
Highway 71. of Todd County.
----------------------------------------------------------------------------------------------------------------
Approximately 3,950 feet None +1293
upstream of Riverside
Drive/County Highway 56.
----------------------------------------------------------------------------------------------------------------
* 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 Long Prairie
Maps are available for inspection at 615 Lake Street South, Long Prairie, MN 56347.
Unincorporated Areas of Todd County
Maps are available for inspection at 215 1st Avenue South, Suite 201, Long Prairie, MN 56347.
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Grant County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cotton Wood Creek.................. Approximately 400 feet None +5942 Unincorporated Areas
upstream of the of Grant County.
confluence with Silva
Creek.
Just downstream of Little None +5987
Walnut Road.
Maunde's Creek..................... Approximately 1.0 miles None +5698 Unincorporated Areas
downstream of Rosedale of Grant County.
Road.
Approximately 1.1 miles None +6122
upstream of the
confluence with Central
Arroyo.
Pinos Altos Creek.................. Approximately 0.4 miles None +6116 Unincorporated Areas
upstream of North Fowler of Grant County.
Avenue.
Approximately 0.5 miles None +6130
upstream of North Fowler
Avenue.
San Vicente Arroyo................. Approximately 1,000 feet None +5623 Unincorporated Areas
downstream of Broken of Grant County.
Arrow Drive.
Approximately 700 feet None +5762
upstream of the
confluence with Tributary
No. 4 (San Vicente
Arroyo).
Silva Creek........................ Approximately 400 feet None +5942 Unincorporated Areas
upstream of the of Grant County.
confluence with Silva
Creek.
Approximately 300 feet None +5993
upstream of Jade Drive.
Tributary No. 1 (Maude's Creek).... At the confluence with None +5858 Unincorporated Areas
Maude's Creek. of Grant County.
Approximately 1,300 feet None +6006
downstream of Silver
Heights Boulevard.
Tributary No. 2 (Maude's Creek).... Approximately 800 feet None +5853 Unincorporated Areas
upstream of Yellow Arrow of Grant County.
Lane.
Approximately 1,900 feet None +5868
upstream of Yellow Arrow
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.
[[Page 47168]]
ADDRESSES
Unincorporated Areas of Grant County
Maps are available for inspection at 1400 Highway 180 East, Silver City, NM 88061.
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Seminole County, Oklahoma, and Incorporated Areas
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Tributary 3 of Magnolia Creek...... Approximately 1.3 miles +955 +953 Unincorporated Areas
upstream of confluence of Seminole County.
with Tributary 1 of
Tributary 3 of Magnolia
Creek.
Approximately 1.7 miles +966 +967
upstream of confluence
with Tributary 1 of
Tributary 3 of Magnolia
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
Unincorporated Areas of Seminole County
Maps are available for inspection at 110 South Wewoka Avenue, Wewoka, OK 74884.
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Meigs County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Dake Branch........................ At the confluence with None +696 Unincorporated Areas
Watts Creek. of Meigs County.
Approximately 0.8 miles None +696
upstream of the
confluence with Watts
Creek.
Decatur Branch..................... At the confluence of None +732 Town of Decatur.
Decatur Creek.
Approximately 0.5 miles None +745
upstream of Church Lane.
Decatur Creek...................... Approximately 0.5 miles None +730 Town of Decatur.
downstream of State
Highway 58.
Approximately 605 feet None +742
upstream of State Highway
58.
Watts Creek........................ At the confluence with None +696 Unincorporated Areas
Tennessee River. of Meigs County.
Approximately 1.9 miles None +696
upstream of the
confluence with Tennessee
River.
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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 Meigs County
Maps are available for inspection at the County Courthouse, 17214 State Highway 58 North, Decatur, TN 37322.
Town of Decatur
Maps are available for inspection at City Hall, 17454 State Highway 58 North, Decatur, TN 37322.
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Burleson County, Texas, and Incorporated Areas
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Copperas Hollow Creek.............. Approximately 0.3 miles +366 +367 Unincorporated Areas
upstream of Country Club of Burleson County.
Drive.
Approximately 630 feet +379 +378
downstream of the
Burlington Northern Santa
Fe Railroad.
Elm Branch......................... At the confluence with Elm +339 +341 Unincorporated Areas
Branch. of Burleson County.
Tributary 1........................ Just downstream of 10th +371 +372
Street.
[[Page 47169]]
Stream TCA......................... Just downstream of the +250 +246 Unincorporated Areas
Burlington Northern Santa of Burleson County,
Fe Railroad. City of Somerville.
Approximately 650 feet +250 +254
upstream of County Road
422.
Stream TCB......................... At the confluence with +250 +247 City of Somerville.
Stream TCA.
Approximately 1,000 feet +250 +251
upstream of Avenue E.
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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 Somerville
Maps are available for inspection at P.O. Box 159, Somerville, TX 77879.
Unincorporated Areas of Burleson County
Maps are available for inspection at 100 West Buck, Suite 306, Caldwell, TX 77836.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Edward L. Connor,
Acting Assistant Administrator for Mitigation, Mitigation Directorate,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-22111 Filed 9-14-09; 8:45 am]
BILLING CODE 9110-12-P