[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Proposed Rules]
[Page 47179-47184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se09-31]
-----------------------------------------------------------------------
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) 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:
----------------------------------------------------------------------------------------------------------------
* 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