[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)] [Proposed Rules] [Pages 29264-29268] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-12490] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1112] 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 to 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 August 23, 2010. 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-1112, 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 also are 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)Depth in feet above Flooding source(s) Location of referenced ground [caret] Communities affected elevation Elevation in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Carter County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Barrett Creek (Backwater from Little From the confluence None +581 Unincorporated Areas of Sandy River). with the Little Sandy Carter County. River to approximately 0.5 mile upstream of Eagle Drive. Bens Run (Backwater from Tygarts From the confluence None +752 Unincorporated Areas of Creek). with Tygarts Creek to Carter County. approximately 0.6 mile upstream of the confluence with Tygarts Creek. [[Page 29265]] Big Sinking Creek (Backwater from From the confluence None +610 Unincorporated Areas of Little Sandy River). with the Little Sandy Carter County. River to approximately 0.5 mile upstream of the confluence with the Little Sandy River. Davy Run (Backwater from Little Fork From the confluence None +613 Unincorporated Areas of Little Sandy River). with Little Fork Carter County. Little Sandy River to approximately 0.6 mile upstream of the confluence with Little Fork Little Sandy River. Dry Branch (Backwater from Tygarts From the confluence None +804 Unincorporated Areas of Creek). with Tygarts Creek to Carter County. just downstream of U.S. Route 60. Fourmile Creek (Backwater from From the confluence None +604 Unincorporated Areas of Little Sandy River). with the Little Sandy Carter County. River to approximately 400 feet upstream of Glory Lane. Huff Run (Backwater from Little Fork From the confluence None +616 Unincorporated Areas of Little Sandy River). with Little Fork Carter County. Little Sandy River to approximately 0.7 mile upstream of the confluence with Little Fork Little Sandy River. Johns Run (Backwater from Little From the confluence None +623 Unincorporated Areas of Fork Little Sandy River). with Little Fork Carter County. Little Sandy River to approximately 0.6 mile upstream of the confluence with Little Fork Little Sandy River. Lost Creek (Backwater from Dry Fork) From the confluence None +632 Unincorporated Areas of with Dry Fork to Carter County. approximately 0.5 mile downstream of Eddie Dean Road. Straight Creek (Backwater from From the confluence None +609 Unincorporated Areas of Little Fork Little Sandy River). with Little Fork Carter County. Little Sandy River to approximately 1,750 feet downstream of Mount Savage Lane. Wolf Creek (Backwater from Little From the confluence None +603 Unincorporated Areas of Sandy River). with the Little Sandy Carter County. River to approximately 0.6 mile upstream of the confluence with the Little Sandy 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 Carter County Maps are available for inspection at 300 West Main Street, Grayson, KY 41143. ---------------------------------------------------------------------------------------------------------------- Butler County, Nebraska, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Platte River........................ Approximately 100 feet None +1,309 Unincorporated Areas of downstream of the Butler County. Saunders County boundary. Approximately 575 feet None +1,442 downstream of the Polk County boundary. ---------------------------------------------------------------------------------------------------------------- * 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 Butler County Maps are available for inspection at 451 North 5th Street, David City, NE 68632. ---------------------------------------------------------------------------------------------------------------- Otoe County, Nebraska, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Missouri River...................... At easternmost tip of +913 +914 City of Nebraska City, the Otoe County limits. Unincorporated Areas of Otoe County. At Nebraska Highway 2/ +930 +931 Burlington Northern Railroad. At Everett Lane +940 +943 extended. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. [[Page 29266]] + 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 Nebraska City Maps are available for inspection at 1409 Central Avenue, Nebraska City, NE 68410. Unincorporated Areas of Otoe County Maps are available for inspection at the Otoe County Courthouse, 1021 Central Avenue, Nebraska City, NE 68410. ---------------------------------------------------------------------------------------------------------------- Rio Arriba County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Llano Ditch Tributary............... Just downstream of None +5,655 Unincorporated Areas of McCurdy Road Northwest. Rio Arriba County, Pueblo of Ohkay Owingeh. Just upstream of None +5,705 Simmons 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. ADDRESSES Pueblo of Ohkay Owingeh Maps are available for inspection at the Governor's Office, 1 Kee Road, Espanola, NM 87532. Unincorporated Areas of Rio Arriba County Maps are available for inspection at the County Clerk's Office, 1122 Industrial Park Road, Espanola, NM 87532. ---------------------------------------------------------------------------------------------------------------- Wake County, North Carolina, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Basin 10, Stream 13................. At the confluence with +277 +276 Unincorporated Areas of Basin 10, Stream 14. Wake County. Approximately 1,400 +277 +276 feet upstream of the confluence with Basin 10, Stream 14. Basin 10, Stream 14................. Approximately 0.5 mile +269 +268 Unincorporated Areas of upstream of the Wake County. confluence with the Little River. At the Wake County +306 +307 boundary. Horse Creek Tributary 1............. At the downstream side None +341 Unincorporated Areas of of Keighley Forest Wake County. Drive. Approximately 850 feet None +345 upstream of Keighley Forest Drive. Richland Creek...................... Approximately 850 feet +302 +301 Town of Wake Forest. upstream of the confluence with Richland Creek Tributary 2. Approximately 500 feet +312 +315 downstream of the confluence with Hattles Branch. Richland Creek Tributary 2.......... Approximately 750 feet None +301 Town of Wake Forest. upstream of the confluence with Richland Creek. Approximately 0.4 mile None +317 upstream of the confluence with Richland 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. [[Page 29267]] 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 Wake Forest Maps are available for inspection at the Planning Department, 401 Elm Street, Wake Forest, NC 27587. Unincorporated Areas of Wake County Maps are available for inspection at the Wake County Office Building, Environmental Services, 1st Floor, 337 Salisbury Street, Raleigh, NC 27601. ---------------------------------------------------------------------------------------------------------------- Wagoner County, Oklahoma, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Adams Creek......................... Approximately 717 feet None +600 Town of Fair Oaks. downstream of the confluence with School Creek. Approximately 0.61 mile None +605 upstream of the confluence with School Creek. Salt Creek.......................... Approximately 0.60 mile None +557 Town of Fair Oaks. downstream of 305th Avenue. Approximately 365 feet None +607 upstream of 257th Avenue. Verdigris River..................... Approximately 245 feet None +516 Town of Okay. downstream of 72nd Street. Approximately 0.45 mile None +516 upstream of 72nd 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 Town of Fair Oaks Maps are available for inspection at the Office of the County Commissioner, 219 South Missouri Street, Claremore, OK 74017. Town of Okay Maps are available for inspection at the Office of the County Commissioner, 306 East Cherokee Street, Wagoner, OK 74107. ---------------------------------------------------------------------------------------------------------------- Erath County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- North Bosque River.................. Just upstream of East None +1,265 Unincorporated Areas of Lingleville Road. Erath County. Approximately 0.5 mile None +1,276 upstream of State Highway 108. ---------------------------------------------------------------------------------------------------------------- * 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 Erath County Maps are available for inspection at the Erath County Courthouse, 100 West Washington, Stephenville, TX 76401. ---------------------------------------------------------------------------------------------------------------- Limestone County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Salt River.......................... Just upstream of State None +473 Unincorporated Areas of Highway 14. Limestone County. Approximately 0.66 mile None +483 upstream of State Highway 14. ---------------------------------------------------------------------------------------------------------------- * 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 29268]] ** 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 Limestone County Maps are available for inspection at the Limestone County Courthouse, 200 West State Street, Groesbeck, TX 76642. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance'') Dated: May 11, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-12490 Filed 5-24-10; 8:45 am] BILLING CODE 9110-12-P