[Federal Register Volume 75, Number 176 (Monday, September 13, 2010)] [Proposed Rules] [Pages 55527-55529] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-22762] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1136] 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 December 13, 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-1136, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e- mail) [email protected]. FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, 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 ---------------------------------------------------------------------------------------------------------------- Itawamba County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Tennessee-Tombigbee Waterway........ Approximately 3.0 miles +250 +251 City of Fulton, upstream of the Unincorporated Areas confluence with of Itawamba County. Coaches Branch. At the Lock D dam...... +271 +282 [[Page 55528]] Tennessee-Tombigbee Waterway........ Approximately 3.7 miles None +300 Unincorporated Areas of upstream of the Itawamba County. confluence with Mud Creek. Approximately 400 feet None +330 upstream of the Lock E dam. ---------------------------------------------------------------------------------------------------------------- * 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Fulton Maps are available for inspection at City Hall, 213 West Wiygul Street, Fulton, MS 38843. Unincorporated Areas of Itawamba County Maps are available for inspection at the Itawamba County Courthouse, 201 West Main Street, Fulton, MS 38843. ---------------------------------------------------------------------------------------------------------------- Monroe County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Burketts Creek...................... At the confluence with None +220 City of Amory, the Tennessee- Unincorporated Areas Tombigbee Canal. of Monroe County. At the confluence with None +242 Burketts Creek Diversion Channel-- Upper Burketts Creek. Burketts Creek Diversion Channel-- At the confluence with +239 +240 City of Amory, Upper Burketts Creek. the Tennessee- Unincorporated Areas Tombigbee Canal. of Monroe County. Approximately 0.5 mile +246 +249 upstream of Phillips Schoolhouse Road. Burketts Creek Tributary No. 1...... At the confluence with +238 +239 City of Amory, Burketts Creek. Unincorporated Areas of Monroe County. Approximately 1,055 None +253 feet upstream of Tschudi Road. City Ditch.......................... At the confluence with +193 +191 City of Aberdeen, the Tombigbee River. Unincorporated Areas of Monroe County. Approximately 1.0 mile +194 +193 upstream of the confluence with the Tombigbee River. Old Tombigbee River--Mattubby Creek. At the confluence with +194 +192 City of Aberdeen, the Tombigbee River. Unincorporated Areas of Monroe County. Approximately 0.6 mile +196 +197 upstream of North Meridian Street/ Coontail Road. Roundhouse Branch................... Approximately 500 feet +244 +243 City of Amory. upstream of Dalrymple Drive. At the confluence with +245 +243 Burketts Creek Tributary No. 1. Tennessee Tombigbee Canal........... Approximately 1.3 mile +209 +210 City of Amory, downstream of State Unincorporated Areas Highway 278. of Monroe County. At the Lock B dam...... +223 +236 Tombigbee River..................... Approximately 10.3 +187 +188 City of Aberdeen, miles downstream of Unincorporated Areas U.S. Route 45. of Monroe County. Approximately 9.5 miles +208 +207 upstream of U.S. Route 45. Weaver Creek........................ At the confluence with +207 +206 Unincorporated Areas of the Tombigbee River. Monroe County. Approximately 2.3 miles +207 +206 upstream of the confluence with the Tombigbee 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. [[Page 55529]] ** 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Aberdeen Maps are available for inspection at City Hall, 125 West Commerce Street, Aberdeen, MS 39730. City of Amory Maps are available for inspection at City Hall, 109 Front Street South, Amory, MS 38821. Unincorporated Areas of Monroe County Maps are available for inspection at the Monroe County Courthouse, 301 South Chestnut Street, Aberdeen, MS 39730. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: September 1, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-22762 Filed 9-10-10; 8:45 am] BILLING CODE 9110-12-P