[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)] [Proposed Rules] [Pages 47179-47184] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-22112] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1068] 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 [[Page 47180]] 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-1068, 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 ---------------------------------------------------------------------------------------------------------------- Franklin County, Arkansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Flooding Effects of Arkansas River Approximately 682 feet None +382 Unincorporated Areas of into a previous shaded X zone downstream of the Franklin County. downstream of the confluence of Missouri Pacific White Oak Creek. Railroad. Just downstream of the None +382 Missouri Pacific Railroad. Flooding effects of the Arkansas Approximately 0.5 miles None +381 Unincorporated Areas of River into a previous shaded X zone downstream of the Franklin County. downstream of the confluence of Missouri Pacific White Oak Creek. Railroad. Just downstream of the None +381 Missouri Pacific Railroad. ---------------------------------------------------------------------------------------------------------------- * 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. [[Page 47181]] 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 Franklin County Maps are available for inspection at 211 West Commercial Street, Ozark, AR 72949. ---------------------------------------------------------------------------------------------------------------- Marshall County, Illinois, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Illinois River...................... Approximately 0.57 None +461 City of Henry. miles downstream of Illinois State Highway 18. Approximately 0.69 None +461 miles upstream of Illinois State Highway 18. Illinois River...................... Approximately 0.73 None +461 City of Lacon. miles downstream of Illinois State Highway 17. Approximately 0.83 None +461 miles upstream of Illinois State Highway 17. ---------------------------------------------------------------------------------------------------------------- * 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 Henry Maps are available for inspection at City Hall, 426 East Park Row, Henry, IL 61537. City of Lacon Maps are available for inspection at City Hall, 406 5th Street, Lacon, IL 61540. ---------------------------------------------------------------------------------------------------------------- Cass County, Iowa, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Baughmans Creek..................... Just upstream of 540th None +1,091 Unincorporated Areas of Street. Cass County. Approximately 900 feet None +1,098 downstream of Adair Street. Approximately 400 feet None +1,103 downstream of Main Street. Approximately 650 feet None +1,106 upstream of Main Street. East Nishnabotna River.............. Just upstream of Jasper None +1,136 Unincorporated Areas of Road. Cass County. Just downstream of the None +1,154 confluence with Troublesome Creek. Troublesome Creek................... Just upstream of the None +1,154 Unincorporated Areas of confluence with East Cass County. Nishnabotna River. Just upstream of Olive None +1,154 Street. Approximately 0.4 miles None +1,163 upstream of 635th Street. Approximately 0.5 miles None +1,163 upstream of 635th 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 Unincorporated Areas of Cass County Maps are available for inspection at 5 West 7th Street, Atlantic, IA 50022. ---------------------------------------------------------------------------------------------------------------- [[Page 47182]] Natchitoches Parish, Louisiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Bayou Jacko......................... Just upstream of None +110 Unincorporated Areas of Lafayette Street. Natchitoches Parish. Approximately 200 feet None +124 upstream of Bowena Street. Bayou Julien Tributary.............. Approximately 725 feet None +107 Unincorporated Areas of upstream of State Natchitoches Parish. Highway 478. Just downstream of None +114 Fairgrounds 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 Unincorporated Areas of Natchitoches Parish Maps are available for inspection at the Police Jury, 200 Church Street, Natchitoches, LA 71457. ---------------------------------------------------------------------------------------------------------------- Winston County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Hughes Creek........................ Approximately 1,193 None +487 Unincorporated Areas of feet upstream from the Winston County. confluence of Stream 2. Approximately 1,534 None +488 feet upstream from the confluence of Stream 2. Stream 1............................ Approximately 96 feet None +497 Unincorporated Areas of downstream of Files Winston County. Road. Approximately 222 feet None +498 upstream of Files Road. Stream 2............................ Approximately 1,079 None +484 Unincorporated Areas of feet upstream from the Winston County. confluence of Hughes Creek. Approximately 1,380 None +485 feet upstream from the confluence of Hughes 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 Winston County Maps are available for inspection at the County Courthouse, 115 West Main Street, Louisville, MS 39339. ---------------------------------------------------------------------------------------------------------------- Adair County, Oklahoma, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 8th Street Tributary................ At the confluence of None +1,055 Unincorporated Areas of Caney Creek and 8th Adair County, City of Street Tributary. Stilwell. Just downstream of 8th None +1,069 Street. Caney Creek......................... Approximately 1,926 None +977 Unincorporated Areas of feet downstream of the Adair County, City of 4696 Road. Stilwell. Just upstream of +1,111 +1,118 Oklahoma 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. [[Page 47183]] ** 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 Stilwell Maps are available for inspection at 503 West Division Street, City Clerk's Office, Stilwell, OK 74960. Unincorporated Areas of Adair County Maps are available for inspection at Commissioners Office, 2nd and Division Street, Stilwell, OK 74960. ---------------------------------------------------------------------------------------------------------------- Perry County, Tennessee, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Tennessee River..................... Approximately 15 miles None +375 Unincorporated Areas of downstream of U.S. Perry County. Highway 412. Approximately 18.2 None +386 miles upstream of U.S. Highway 412. ---------------------------------------------------------------------------------------------------------------- * 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 Perry County Maps are available for inspection at 121 East Main Street, Linden, TN 37096. ---------------------------------------------------------------------------------------------------------------- Hill County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Hackberry Creek..................... Approximately 1,000 None +557 Unincorporated Areas of feet downstream of Hill County. Tributary of Hackberry Creek. Just upstream of None +563 confluence with Little Hackberry Creek. Little Hackberry Creek.............. At the confluence of None +563 Unincorporated Areas of Hackberry Creek. Hill County. Approximately 1,500 None +568 feet upstream of confluence with Pecan Creek. Pecan Creek......................... At the confluence of None +568 Unincorporated Areas of Little Hackberry Creek. Hill County. Just upstream of State None +579 Highway 171. Stream WC-1A........................ Approximately 850 feet None +587 Unincorporated Areas of upstream of State Hill County. Highway Spur 180. Approximately 750 feet None +597 downstream of County Road 1244. ---------------------------------------------------------------------------------------------------------------- * 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 Hill County Maps are available for inspection at the Hill County Courthouse, 201 East Franklin Street, Hillsboro, TX 76645. ---------------------------------------------------------------------------------------------------------------- [[Page 47184]] Upshur County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Victory Branch...................... Approximately 680 feet None +315 Unincorporated Areas of downstream of Salt Upshur County. Water Road. Approximately 650 feet None +315 downstream of Salt Water 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 Unincorporated Areas of Upshur County Maps are available for inspection at the County Courthouse, 100 West Tyler Street, Gilmer, TX 75644. ---------------------------------------------------------------------------------------------------------------- (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. E9-22112 Filed 9-14-09; 8:45 am] BILLING CODE 9110-12-P