[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)] [Proposed Rules] [Pages 47164-47169] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-22111] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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) [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. [[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: ---------------------------------------------------------------------------------------------------------------- * 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 ---------------------------------------------------------------------------------------------------------------- Baxter County, Arkansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- Kauai County, Hawaii, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- Delaware County, Indiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- Tangipahoa Parish, Louisiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- Todd County, Minnesota, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- Seminole County, Oklahoma, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- Burleson County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- * 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. ---------------------------------------------------------------------------------------------------------------- (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