[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)] [Proposed Rules] [Pages 31368-31373] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-13267] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1117] 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 September 1, 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-1117, 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 those 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 ---------------------------------------------------------------------------------------------------------------- Santa Cruz County, Arizona, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Ephraim Canyon Wash................. At the confluence with +3806 +3810 City of Nogales. Nogales Wash. Approximately 1,900 +3897 +3899 feet downstream of I- 19. Mariposa Canyon..................... At the confluence with +3740 +3746 City of Nogales, Nogales Wash. Unincorporated Areas of Santa Cruz County. [[Page 31369]] Approximately 1.3 mile None +3965 upstream of SR 189. Nogales Wash........................ Approximately 1,300 +3647 +3644 City of Nogales, feet upstream of Old Unincorporated Areas Tucson Road. of Santa Cruz County. Approximately 100 feet +3873 +3872 upstream of West International Street. Potrero Creek....................... At the confluence with +3650 +3646 City of Nogales. Al Harrison Wash. Approximately 0.7 mile +3725 +3726 upstream of West Meadow Hills 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 City of Nogales Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621. Unincorporated Areas of Santa Cruz County Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621. ---------------------------------------------------------------------------------------------------------------- Boyle County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Balls Branch (Backwater effects from From the confluence None +875 Unincorporated Areas of Clarks Run) Clarks Run. with Clarks Run to Boyle County. approximately 0.7 mile upstream of the confluence with Clarks Run. At approximately 1.2 None +849 City of Danville, miles upstream of Unincorporated Areas Goggin Road. of Boyle County. At approximately 0.6 None +965 mile downstream of Alum Springs Cross Pike. Dix River Tributary 2 (Backwater From the confluence None +760 Unincorporated Areas of effects from Herrington Lake) with Herrington Lake Boyle County. Herrington Lake. to approximately 1,158 feet upstream of the confluence with Herrington Lake. Entire shoreline....... None +760 Unincorporated Areas of Boyle County. Spears Creek........................ At approximately 0.6 None +788 City of Danville, mile upstream of the Unincorporated Areas confluence with of Boyle County. Herrington Lake. At approximately 780 None +919 feet upstream of the North Danville Bypass. ---------------------------------------------------------------------------------------------------------------- * 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 Danville Maps are available for inspection at City Hall, 455 West Main Street, Danville, KY 40422. Unincorporated Areas of Boyle County Maps are available for inspection at the Boyle County Courthouse, 321 West Main Street, Danville, KY 40422. ---------------------------------------------------------------------------------------------------------------- [[Page 31370]] Logan County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Proctor Branch...................... Approximately 400 feet None +525 City of Russellville, upstream of Bismarck Unincorporated Areas Lane. of Logan County. Approximately 0.3 mile None +599 upstream of the confluence with Proctor Branch Tributary A. Proctor Branch Tributary A.......... Just upstream of the None +585 City of Russellville. confluence with Proctor Branch. Approximately 1,100 None +601 feet upstream of the confluence with Proctor Branch. Proctor Branch Tributary B.......... At the confluence with None +579 City of Russellville, Proctor Branch. Unincorporated Areas of Logan County. Approximately 200 feet None +592 downstream of Hi-View Drive. Town Branch......................... Approximately 800 feet None +517 City of Russellville, downstream of Concord Unincorporated Areas Road. of Logan County. Just downstream of None +563 Newton Road. Just upstream of West None +621 9th Street (U.S. Route 431). Approximately 1,900 None +623 feet upstream of West 9th Street (U.S. Route 431). Town Branch Tributary D............. Approximately 350 feet None +607 Unincorporated Areas of upstream of the Logan County. confluence with Town Branch Tributary E. Approximately 700 feet None +643 upstream of Warren Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. +thnsp;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 Russellville Maps are available for inspection at 168 South Main Street, Russellville, KY 42276. Unincorporated Areas of Logan County Maps are available for inspection at 299 West 3rd Street, Russellville, KY 42276. ---------------------------------------------------------------------------------------------------------------- Woodford County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Brushy Run (Backwater effects from From the confluence None +542 Unincorporated Areas of Kentucky River). with the Kentucky Woodford County. River to approximately 0.4 mile upstream of the confluence with the Kentucky River. Bucks Run (Backwater effects from From the confluence None +519 Unincorporated Areas of Kentucky River). with the Kentucky Woodford County. River to approximately 125 feet downstream of Buck Run Road. Clear Creek (Backwater effects from From the confluence None +531 Unincorporated Areas of Kentucky River). with the Kentucky Woodford County. River to approximately 2.5 miles upstream of the confluence with the Kentucky River. Craig Creek (Backwater effects from From the confluence None +527 Unincorporated Areas of Kentucky River). with the Kentucky Woodford County. River to approximately 1,220 feet upstream of Gun Club Road. Glenns Creek (Backwater effects from From the confluence +511 +513 Unincorporated Areas of Kentucky River). with the Kentucky Woodford County. River to approximately 1.2 mile upstream of the confluence with the Kentucky River. Grier Creek (Backwater effects from From the confluence None +524 Unincorporated Areas of Kentucky River). with the Kentucky Woodford County. River to approximately 200 feet downstream of Shryocks Ferry Road. Kentucky River...................... Approximately 2.3 miles +508 +514 Unincorporated Areas of downstream of Kentucky Woodford County. River Tributary 92. Approximately 5.0 miles +545 +547 upstream of Kentucky River Tributary 5. [[Page 31371]] Kentucky River Tributary 5 From the confluence None +543 Unincorporated Areas of (Backwater effects from Kentucky with the Kentucky Woodford County. River). River to approximately 950 feet upstream of the confluence with the Kentucky River. Kentucky River Tributary 84 From the confluence None +539 Unincorporated Areas of (Backwater effects from Kentucky with the Kentucky Woodford County. River). River to approximately 510 feet upstream of the confluence with the Kentucky River. Kentucky River Tributary 92 From the confluence None +515 Unincorporated Areas of (Backwater effects from Kentucky with the Kentucky Woodford County. River). River to approximately 1,770 feet upstream of the confluence with the Kentucky River. Lee Branch.......................... Just upstream of +778 +780 City of Midway, Leestown Pike. Unincorporated Areas of Woodford County. At approximately 860 None +827 feet upstream of Old Frankfort Pike. Lee Branch Tributary 4 (Backwater From the confluence None +810 Unincorporated Areas of effects from Lee Branch). with Lee Branch to Woodford County. approximately 720 feet upstream of the confluence with Lee Branch. Lee Branch Tributary 6 (Backwater From the confluence None +802 City of Midway, effects from Lee Branch). with Lee Branch to Unincorporated Areas approximately 1,145 of Woodford County. feet upstream of the confluence with Lee Branch. Lee Branch Tributary 7 (Backwater From the confluence None +802 City of Midway, effects from Lee Branch). with Lee Branch to Unincorporated Areas approximately 351 feet of Woodford County. upstream of Midway College 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 City of Midway Maps are available for inspection at City Hall, 101 East Main Street, Midway, KY 40347. Unincorporated Areas of Woodford County Maps are available for inspection at the Woodford County Courthouse, 103 South Main Street, Versailles, KY 40383. ---------------------------------------------------------------------------------------------------------------- Marion County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Pearl River......................... Approximately 5.5 miles +136 +134 City of Columbia, downstream of State Unincorporated Areas Highway 98. of Marion County. Approximately 5 miles +156 +154 upstream of State Highway 35. ---------------------------------------------------------------------------------------------------------------- * 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 Columbia Maps are available for inspection at 201 2nd Street, Columbia, MS 39429. Unincorporated Areas of Marion County Maps are available for inspection at 250 Broad Street, Columbia, MS 39429. ---------------------------------------------------------------------------------------------------------------- Yellowstone County, Montana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cove Creek.......................... Approximately 200 feet +3373 +3375 City of Billings, upstream of Rimrock Unincorporated Areas Road. of Yellowstone County. [[Page 31372]] Approximately 270 feet +3572 +3571 downstream of Molt Road. Cove Creek East Overflow............ Approximately 25 feet None +3370 City of Billings, upstream of Rimrock Unincorporated Areas Road. of Yellowstone County. Approximately 1,700 None +3382 feet upstream of Rimrock Road. Fivemile Creek...................... Downstream of Old None +3085 City of Billings, Fivemile Creek Road. Unincorporated Areas of Yellowstone County. Approximately 55 feet None +3225 downstream of Alexander Road. Yellowstone River................... Approximately 150 feet None +2728 City of Billings, upstream of Unincorporated Areas Musselshell Trail Road. of Yellowstone County. Approximately 545 +3273 +3274 upstream of U.S. Route 212 South. ---------------------------------------------------------------------------------------------------------------- * 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 Billings Maps are available for inspection at 510 North Broadway, 4th Floor, Billings, MT 59101. Unincorporated Areas of Yellowstone County Maps are available for inspection at 217 North 27th Street, Billings, MT 59101. ---------------------------------------------------------------------------------------------------------------- Arlington County, Virginia ---------------------------------------------------------------------------------------------------------------- Four Mile Run....................... At the confluence with None +10 Arlington County. the Potomac River. Just downstream of None +11 Jefferson Davis Memorial Highway (U.S. Route 1). Pimmit Run (Backwater effects from From the confluence None +40 Arlington County. Potomac River). with the Potomac River to a point located approximately 112 feet downstream of Chain Bridge Road. Potomac River....................... At the confluence with None +10 Arlington County. Four Mile Run. Approximately 0.39 mile None +41 upstream of Chain Bridge 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 Arlington County Maps are available for inspection at the Arlington County Government Building, 2100 Clarendon Boulevard, Arlington, VA 22021. ---------------------------------------------------------------------------------------------------------------- [[Page 31373]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: May 14, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-13267 Filed 6-2-10; 8:45 am] BILLING CODE 9110-12-P