[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)] [Proposed Rules] [Pages 62057-62061] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-25337] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1144] 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 January 5, 2011. 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-1144, 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)Location of referenced Depth in feet above Flooding source(s) elevation ground [caret] Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- McCracken County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Arnold Branch (backwater effects From the confluence None +341 Unincorporated Areas of from Ohio River). with Blizzards Ponds McCracken County. Drainage Ditch to approximately 0.7 mile upstream of the Blizzards Ponds Drainage Canal. [[Page 62058]] Bayou Creek (backwater effects from From the confluence +333 +336 Unincorporated Areas of Ohio River). with the Ohio River to McCracken County. approximately 1.0 mile downstream of Ogden Landing Road. Blizzards Ponds Drainage Canal From the confluence None +341 Unincorporated Areas of (backwater effects from Ohio River). with West Fork Clarks McCracken County. River to approximately 275 feet upstream of Husband Road. Camp Creek (backwater effects from From the confluence None +341 Unincorporated Areas of Ohio River). with West Fork Clarks McCracken County. River to approximately 0.5 mile downstream of KY-348. Clarks River (backwater effects from From the confluence None +341 Unincorporated Areas of Ohio River). with the Ohio River to McCracken County. approximately 0.7 mile upstream of KY-787. Crooked Creek....................... At the confluence with +365 +363 Unincorporated Areas of Perkins Creek. McCracken County. Approximately 400 feet None +402 upstream of U.S. Route 62. Cross Creek......................... Just upstream of the +333 +331 Unincorporated Areas of Illinois Central McCracken County. Railroad Yard. Approximately 345 feet +343 +341 upstream of South 24th Street. Deer Lick Creek (backwater effects From the confluence None +336 Unincorporated Areas of from Ohio River). with the Ohio River to McCracken County. approximately 2.9 miles upstream of the confluence with the Ohio River. Horse Branch (backwater effects from From the confluence None +341 Unincorporated Areas of Ohio River). with the Clarks River McCracken County. to approximately 85 feet downstream of Georgia Street South. Island Creek Tributary 6.1 From the confluence None +336 Unincorporated Areas of (backwater effects from Island with Island Creek to McCracken County. Creek). approximately 800 feet downstream of I-24. Little Bayou Creek (backwater From the confluence +334 +336 Unincorporated Areas of effects from Ohio River). with Bayou Creek to McCracken County. approximately 2.3 miles downstream of Ogden Landing Road. Little Massac Creek (backwater From the confluence None +378 Unincorporated Areas of effects from West Fork Massac with West Fork Massac McCracken County. Creek). Creek to approximately 1,000 feet upstream of the confluence with West Fork Massac Creek. Middle Fork......................... Approximately 1,800 +354 +352 City of Paducah, feet upstream of the Unincorporated Areas confluence with Massac of McCracken County. Creek. Massac Creek........................ Approximately 1,700 +355 +354 feet upstream of McCracken Boulevard. Nasty Creek (backwater effects from From the confluence None +335 Unincorporated Areas of Ohio River). with Newtons Creek I McCracken County. to approximately 0.6 mile upstream of Grief Road. Newtons Creek I (backwater effects From the confluence None +335 Unincorporated Areas of from Ohio River). with the Ohio River to McCracken County. approximately 0.7 mile upstream of Grief Road. Ohio River.......................... Approximately 1,700 +331 +334 City of Paducah, feet downstream of the Unincorporated Areas confluence with of McCracken County. Redstone Creek. Approximately 2.0 miles +339 +340 upstream of the confluence with the Tennessee River. Perkins Creek....................... At the confluence with +337 +339 City of Paducah, the Ohio River. Unincorporated Areas of McCracken County. Approximately 0.5 mile None +399 upstream of Blandville Road. Perkins Creek Tributary 4 (backwater From the confluence None +339 City of Paducah, effects from Ohio River). with Perkins Creek to Unincorporated Areas approximately 80 feet of McCracken County. downstream of U.S. Route 60. Redstone Creek (backwater effects From the confluence +332 +335 Unincorporated Areas of from Ohio River). with Redstone Creek McCracken County. Tributary 5 to approximately 0.6 mile upstream of the confluence with Redstone Creek Tributary 5. Redstone Creek Tributary 5 From the confluence +332 +335 Unincorporated Areas of (backwater effects from Ohio River). with Redstone Creek to McCracken County. approximately 0.5 mile upstream of the confluence with Redstone Creek. Tennessee River..................... At the confluence with +339 +340 City of Paducah, the Ohio River. Unincorporated Areas of McCracken County. Approximately 3.0 miles None +341 upstream of U.S. Route 60. West Fork Clarks River (backwater From the confluence None +341 Unincorporated Areas of effects from Ohio River). with Clarks River to McCracken County. approximately 3.7 miles upstream of the confluence with Camp Creek at the county boundary. [[Page 62059]] West Fork Massac Creek (backwater From the confluence +336 +338 Unincorporated Areas of effects from Ohio River). with Massac Creek to McCracken County. approximately 2,000 feet upstream of Wilmington 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 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 Paducah Maps are available for inspection at City Hall, 300 South 5th Street, Paducah, KY 42002. Unincorporated Areas of McCracken County Maps are available for inspection at the McCracken County Courthouse, 301 South 6th Street, Paducah, KY 42003. ---------------------------------------------------------------------------------------------------------------- Franklin County, Pennsylvania (All Jurisdictions) ---------------------------------------------------------------------------------------------------------------- Back Creek.......................... At the confluence with None +481 Township of Antrim, Conococheague Creek. Township of Peters. Approximately 180 feet None +481 upstream of the confluence with Conococheague Creek. Conodoguinet Creek.................. Approximately 500 feet None +544 Township of downstream of Burnt Letterkenny, Township Mill Road. of Lurgan. Approximately 1.49 mile None +603 upstream of Tanyard Hill Road (State Route 433). Middle Spring Creek................. Approximately 20 feet None +630 Township of upstream of Hot Point Southampton. Avenue (Avon Drive). Approximately 80 feet None +630 upstream of Hot Point Avenue (Avon Drive). Tributary to Falling Spring Branch.. At the confluence with +634 +631 Township of Guilford. Falling Spring Branch. At the upstream inlet +634 +631 of the I-81 culvert. Unnamed Tributary to West Branch Approximately 1,900 None +637 Township of Washington. Antietam Creek. feet downstream of the Access Road Bridge. Approximately 100 feet None +647 downstream of the Access Road Bridge. ---------------------------------------------------------------------------------------------------------------- * 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 Township of Antrim Maps are available for inspection at the Antrim Township Municipal Building, 10655 Antrim Church Road, Greencastle, PA 17225. Township of Guilford Maps are available for inspection at the Guilford Township Building, 115 Spring Valley Road, Chambersburg, PA 17201. Township of Letterkenny Maps are available for inspection at the Letterkenny Township Building, 4924 Orrstown Road, Orrstown, PA 17244. Township of Lurgan Maps are available for inspection at the Lurgan Township Building, 8650 McClays Mill Road, Newburg, PA 17240. Township of Peters Maps are available for inspection at the Peters Township Building, 5342 Lemar Road, Mercersburg, PA 17236. Township of Southampton [[Page 62060]] Maps are available for inspection at the Township Building, 705 Municipal Drive, Southampton, PA 17257. Township of Washington Maps are available for inspection at the Washington Township Building, 13013 Welty Road, Waynesboro, PA 17268. ---------------------------------------------------------------------------------------------------------------- Marion County, South Carolina, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Little Pee Dee River................ Just upstream of Drama None +28 Unincorporated Areas of Court extended. Marion County. Just downstream of U.S. None +51 Route 76. Sellers Branch...................... Approximately 250 feet None +72 Town of Sellers, downstream of Church Unincorporated Areas Street. of Marion County. Approximately 1,500 None +85 feet upstream of Main Street. White Oak Creek Tributary 1.1....... At the confluence with None +84 City of Mullins. White Oak Creek Tributary 1. Approximately 50 feet None +95 downstream of Lowman 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 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 Mullins Maps are available for inspection at 151 East Front Street, Mullins, SC 29574. Town of Sellers Maps are available for inspection at 2552 U.S. Route 301, Sellers, SC 29592. Unincorporated Areas of Marion County Maps are available for inspection at 1305 North Main Street, Marion, SC 29571. ---------------------------------------------------------------------------------------------------------------- Kaufman County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Brooklyn Branch..................... At the confluence with None +457 City of Forney. Mustang Creek. Approximately 1,382 None +471 feet upstream of Ridgecrest Road. Buffalo Creek....................... Just upstream of Union None +389 City of Forney, Pacific Railroad. Unincorporated Areas of Kaufman County. Just upstream of FM 740 None +403 Cedar Creek......................... Approximately 2.9 miles None +342 City of Mabank, downstream of U.S. Unincorporated Areas Route 175. of Kaufman County. Approximately 1 mile None +342 downstream of State Highway 274. Duck Creek.......................... Approximately 925 feet None +458 Unincorporated Areas of downstream of Country Kaufman County. Road 337. Approximately 1,755 None +485 feet upstream of FM 2728. East Fork Trinity River............. Just upstream of Union None +389 City of Dallas, City of Pacific Railroad. Heath, Unincorporated Areas of Kaufman County. Approximately 0.85 mile None +398 upstream of the Rockwell-Forney Dam. Mustang Creek....................... Approximately 0.51 mile None +413 City of Forney, upstream of Shady Unincorporated Areas Brook Lane. of Kaufman County. Approximately 0.51 mile None +480 upstream of Ridgecrest Road. Unnamed Tributary to Kings Creek.... Approximately 1,600 None +486 City of Terrell, feet upstream of the Unincorporated Areas confluence with Kings of Kaufman County. Creek (Upper Reach). [[Page 62061]] Approximately 0.91 mile None +506 upstream of the confluence with Kings Creek (Upper Reach). ---------------------------------------------------------------------------------------------------------------- * 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 Dallas Maps are available for inspection at 320 East Jefferson Boulevard, Room 307, Dallas, TX 75203. City of Forney Maps are available for inspection at City Hall, 101 West Main Street, Forney, TX 75126. City of Heath Maps are available for inspection at City Hall, 200 Laurence Drive, Heath, TX 75032. City of Mabank Maps are available for inspection at City Hall, 129 East Market Street, Mabank, TX 75147. City of Terrell Maps are available for inspection at City Hall, 201 East Nash Street, Terrell, TX 75160. Unincorporated Areas of Kaufman County Maps are available for inspection at the Kaufman County Courthouse, 100 West Mulberry Street, Kaufman, TX 75142. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: September 21, 2010. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-25337 Filed 10-6-10; 8:45 am] BILLING CODE 9110-12-P