[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Proposed Rules]
[Pages 21695-21699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9345]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1189]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 proposed 
rule 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 July 18, 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-1189, to 
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance 
and Mitigation Administration, Federal Emergency Management Agency, 500 
C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) 
<a href="/cdn-cgi/l/email-protection#d2bea7bba1fca0bdb6a0bbb5a7b7a8e392b6baa1fcb5bda4"><span class="__cf_email__" data-cfemail="83eff6eaf0adf1ece7f1eae4f6e6f9b2c3e7ebf0ade4ecf5">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-4064, or (e-mail) <a href="/cdn-cgi/l/email-protection#ff938a968cd18d909b8d96988a9a85cebf9b978cd1989089"><span class="__cf_email__" data-cfemail="8be7fee2f8a5f9e4eff9e2ecfeeef1bacbefe3f8a5ece4fd">[email protected]</span></a>.

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:

[[Page 21696]]

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) <greek-i>
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation **       ground [caret] Elevation    Communities affected
                                                                   in meters  (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Madison County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Aldridge Creek Tributary 1..........  Approximately 1,700             None         +579  City of Huntsville.
                                       feet downstream of
                                       Chaney Thompson Road.
                                      At the downstream side          None         +618
                                       of Chunn Road.
Aldridge Creek Tributary 10.........  Approximately 0.4 mile          None         +606  City of Huntsville.
                                       downstream of Bailey
                                       Cove Road Southeast.
                                      Approximately 270 feet          None         +691
                                       downstream of Cross
                                       Creek Road Southeast.
Aldridge Creek Tributary 12.........  At the downstream side          None         +622  City of Huntsville.
                                       of Airport Road.
                                      Approximately 1,400             None         +719
                                       feet downstream of
                                       Four Mile Post Road.
Aldridge Creek Tributary 17.........  Approximately 1,000             None         +662  City of Huntsville.
                                       feet downstream of
                                       Toney Drive Southeast.
                                      Approximately 70 feet           None         +891
                                       downstream of Deborah
                                       Drive Southeast.
Aldridge Creek Tributary 8..........  Approximately 500 feet          None         +595  City of Huntsville.
                                       downstream of Bailey
                                       Cove Road Southeast.
                                      At the downstream side          None         +707
                                       of Box Canyon Road
                                       Southeast.
Aldridge Creek Tributary 9..........  Approximately 270 feet          None         +596  City of Huntsville.
                                       downstream of Bailey
                                       Cove Road Southeast.
                                      At the upstream side of         None         +700
                                       Vista Drive Southeast.
Barren Fork Creek...................  At the Indian Creek             None         +569  City of Huntsville,
                                       confluence.                                        Town of Triana,
                                                                                          Unincorporated Areas
                                                                                          of Madison County.
                                      At the Betts Spring             None         +571
                                       Branch and Bradford
                                       Creek confluence.
Big Cove Creek......................  Approximately 700 feet          +600         +599  City of Huntsville,
                                       downstream of the Hays                             Unincorporated Areas
                                       Preserve Trail.                                    of Madison County.
                                      Approximately 0.8 mile          None         +686
                                       upstream of Dug Hill
                                       Road.
Big Cove Creek Tributary............  At the Big Cove Creek           None         +657  City of Huntsville,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Madison County.
                                      Approximately 0.7 mile          None         +677
                                       upstream of the Big
                                       Cove Creek confluence.
Blue Spring Creek...................  Approximately 400 feet          +666         +667  City of Huntsville.
                                       downstream of
                                       Timbercrest Drive
                                       Northwest.
                                      Approximately 110 feet          +750         +751
                                       upstream of Pulaski
                                       Pike Northwest.
Bradford Creek......................  Approximately 1,300             None         +645  City of Madison,
                                       feet upstream of                                   Unincorporated Areas
                                       Palmer Road.                                       of Madison County.
                                      Approximately 1,400             None         +705
                                       feet upstream of
                                       Gillespie Road.
Bradford Creek Tributary............  At the Bradford Creek           None         +676  City of Madison,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Madison County.
                                      At the downstream side          None         +702
                                       of Brownsville Ferry
                                       Road.
Broglan Branch......................  Approximately 630 feet          +608         +605  City of Huntsville.
                                       downstream of
                                       Governors Drive
                                       Southwest.
                                      Approximately 100 feet          None         +728
                                       downstream of Mastin
                                       Lake Road.
Broglan Branch Tributary A..........  Approximately 140 feet          None         +647  City of Huntsville.
                                       downstream of Oster
                                       Drive.
                                      Approximately 0.5 mile          None         +682
                                       upstream of Commercial
                                       Drive.
Broglan Branch Tributary B..........  Approximately 520 feet          None         +709  City of Huntsville.
                                       downstream of Nevel
                                       Drive.
                                      At the downstream side          None         +732
                                       of Kyle Lane.
Buckhorn Branch.....................  Approximately 0.9 mile          None         +688  Unincorporated Areas of
                                       downstream of Shady                                Madison County.
                                       Oak Drive.
                                      Approximately 1,040             None         +766
                                       feet upstream of
                                       Maysville Road.

[[Page 21697]]

 
Dallas Branch.......................  Approximately 580 feet          +629         +628  City of Huntsville.
                                       downstream of
                                       Washington Street.
                                      Approximately 210 feet          None         +837
                                       upstream of Saddletree
                                       Boulevard.
Dallas Branch Bypass................  Approximately 1,800             +619         +617  City of Huntsville.
                                       feet downstream of
                                       Church Street.
                                      Approximately 540 feet          +641         +642
                                       upstream of Dickson
                                       Street Northeast.
Dallas Branch Tributary A...........  Approximately 370 feet          None         +647  City of Huntsville.
                                       downstream of Halsey
                                       Avenue Northeast.
                                      Approximately 300 feet          None         +695
                                       upstream of Vinyard
                                       Street Northeast.
Dry Creek 1.........................  Approximately 1,680             +665         +664  City of Huntsville.
                                       feet downstream of
                                       Brandon Town Road.
                                      At the downstream side          None         +749
                                       of Blake Bottom Road
                                       Northwest.
Dry Creek 1 Tributary A.............  Approximately 500 feet          None         +695  City of Huntsville.
                                       downstream of Sparkman
                                       Drive Northwest.
                                      Approximately 220 feet          None         +746
                                       upstream of Campus
                                       Road.
Dry Creek 1 Tributary B.............  Approximately 170 feet          None         +709  City of Huntsville.
                                       downstream of Dry
                                       Creek Drive Northwest.
                                      Approximately 380 feet          None         +736
                                       upstream of Terrell
                                       Drive Northwest.
East Fork Pinhook Creek.............  Approximately 1,300             +680         +679  City of Huntsville.
                                       feet downstream of
                                       Medaris Road.
                                      Approximately 450 feet          None         +748
                                       upstream of Spragins
                                       Hollow Road Northwest.
East Fork Pinhook Creek Tributary A.  Approximately 1,820             None         +701  City of Huntsville.
                                       feet downstream of
                                       Ricky Road.
                                      Approximately 0.4 mile          None         +738
                                       upstream of Ricky Road.
Fagan Creek.........................  Approximately 710 feet          +610         +608  City of Huntsville.
                                       downstream of Monroe
                                       Street.
                                      Approximately 0.7 mile          None         +719
                                       upstream of Telfair
                                       Drive Southeast.
Flint River.........................  Approximately 300 feet          None         +673  Unincorporated Areas of
                                       upstream of Winchester                             Madison County.
                                       Road Northeast.
                                      Approximately 3.0 miles         None         +767
                                       upstream of Carriger
                                       Road.
Glover Cove Creek...................  Approximately 0.5 mile          None         +587  Town of Owens Cross
                                       downstream of Old                                  Roads, Unincorporated
                                       Highway 431.                                       Areas of Madison
                                                                                          County.
                                      Approximately 750 feet          None         +627
                                       upstream of Old Gurley
                                       Pike.
Huntsville Spring Branch............  Approximately 890 feet          +594         +593  City of Huntsville,
                                       downstream of Drake                                Unincorporated Areas
                                       Avenue.                                            of Madison County.
                                      At the downstream side          +609         +608
                                       of Williams Avenue
                                       Southwest.
Hurricane Creek.....................  Approximately 0.9 mile          None         +612  Town of Gurley,
                                       downstream of Little                               Unincorporated Areas
                                       Cove Road.                                         of Madison County.
                                      Approximately 1,020             None         +663
                                       feet downstream of
                                       County Lake Road.
Indian Creek........................  Approximately 0.8 mile          None         +606  City of Huntsville,
                                       downstream of I-565.                               Unincorporated Areas
                                                                                          of Madison County.
                                      Approximately 0.6 mile          None         +712
                                       upstream of Old
                                       Monrovia Road
                                       Northwest.
Knox Creek..........................  At the upstream side of         None         +657  City of Huntsville,
                                       Dupree Worthey Road.                               Unincorporated Areas
                                                                                          of Madison County.
                                      Approximately 0.4 mile          +730         +732
                                       downstream of Wall
                                       Triana Highway.
Limestone Creek.....................  Approximately 0.8 mile          None         +649  City of Huntsville.
                                       upstream of Lee
                                       Highway.
                                      Approximately 1.6 miles         None         +672
                                       upstream of Capshaw
                                       Road.
Lollar Branch.......................  Approximately 0.8 mile          None         +684  Unincorporated Areas of
                                       downstream of                                      Madison County.
                                       Winchester Road.
                                      Approximately 1.3 miles         None         +786
                                       upstream of Maysville
                                       Road.

[[Page 21698]]

 
McDonald Creek......................  Approximately 1,950             None         +581  City of Huntsville,
                                       feet downstream of                                 Unincorporated Areas
                                       Centaur Boulevard                                  of Madison County.
                                       Southwest.
                                      Approximately 70 feet           None         +692
                                       upstream of Galaxy Way.
Mill Creek Tributary................  Approximately 0.9 mile          None         +677  City of Madison.
                                       downstream of
                                       Bridgefield Road.
                                      At the downstream side          None         +749
                                       of Millsford Drive.
Miller Branch.......................  Approximately 1,700             +571         +570  City of Huntsville,
                                       feet downstream of                                 Unincorporated Areas
                                       Wall Triana Highway.                               of Madison County.
                                      Approximately 0.6 mile          None         +574
                                       downstream of County
                                       Road 127.
Molder Branch.......................  Approximately 2.2 miles         None         +658  Unincorporated Areas of
                                       downstream of Bob                                  Madison County.
                                       Stiles Road.
                                      At the downstream side          None         +680
                                       of Bob Stiles Road.
Moore Branch........................  Approximately 1.1 miles         None         +590  City of Madison.
                                       downstream of Powell
                                       Road.
                                      Approximately 0.4 mile          None         +603
                                       downstream of Powell
                                       Road.
Mountain Brook Branch...............  Approximately 1,100             +647         +651  City of Huntsville.
                                       feet downstream of
                                       Clermont Drive.
                                      Approximately 1,700             None         +735
                                       feet upstream of
                                       Darnell Street
                                       Southeast.
Mountain Fork.......................  Approximately 0.5 mile          None         +692  Unincorporated Areas of
                                       downstream of Oscar                                Madison County.
                                       Patterson Road.
                                      Approximately 470 feet          None         +774
                                       upstream of Mountain
                                       Fork Road.
Normal Branch.......................  Approximately 1,100             None         +643  City of Huntsville.
                                       feet downstream of Max
                                       Luther Drive Northwest.
                                      Approximately 130 feet          None         +737
                                       upstream of Winchester
                                       Road.
Normal Branch Diversion.............  At the Normal Branch            None         +637  City of Huntsville.
                                       confluence.
                                      At the Pinhook Creek            None         +643
                                       confluence.
Normal Branch Tributary A...........  Approximately 950 feet          None         +667  City of Huntsville,
                                       downstream of Mastin                               Unincorporated Areas
                                       Lake Road Northwest.                               of Madison County.
                                      Approximately 910 feet          None         +748
                                       upstream of Hi-Lo
                                       North Circle.
Oakland Spring Branch...............  At the upstream side of         None         +612  City of Madison.
                                       Powell Road.
                                      At the downstream side          None         +631
                                       of Ferry Road.
Peevey Creek........................  Approximately 1.5 miles         None         +606  City of Huntsville,
                                       downstream of the                                  Unincorporated Areas
                                       Eastern Bypass.                                    of Madison County.
                                      Approximately 600 feet          None         +638
                                       downstream of Ripple
                                       Lane.
Pinhook Creek.......................  At the downstream side          +611         +610  City of Huntsville.
                                       of Williams Avenue
                                       Southwest.
                                      Approximately 460 feet          +703         +701
                                       downstream of
                                       Winchester Road
                                       Northwest.
Pinhook Creek Tributary A...........  Approximately 800 feet          None         +639  City of Huntsville.
                                       downstream of Memorial
                                       Parkway Northwest.
                                      At the downstream side          None         +733
                                       of Pulaski Pike.
Pinhook Creek Tributary C...........  Approximately 0.5 mile          None         +703  City of Huntsville.
                                       downstream of Pulaski
                                       Pike.
                                      Approximately 800 feet          None         +738
                                       upstream of Pulaski
                                       Pike.
Sherwood Branch.....................  Approximately 800 feet          +636         +630  City of Huntsville,
                                       downstream of Old                                  Unincorporated Areas
                                       Madison Pike Northwest.                            of Madison County.
                                      Approximately 300 feet          None         +707
                                       downstream of Old
                                       Monrovia Road
                                       Northwest.
Swan Pond...........................  Approximately 3.7 miles         None         +569  City of Huntsville,
                                       downstream of Zierdt                               Unincorporated Areas
                                       Road.                                              of Madison County.
                                      Approximately 0.9 mile          None         +571
                                       upstream of Zierdt
                                       Road.
Tributary 1 To Indian Creek.........  Approximately 1,500             +616         +619  City of Huntsville,
                                       feet downstream of                                 City of Madison,
                                       Slaughter Road.                                    Unincorporated Areas
                                                                                          of Madison County.
                                      Approximately 600 feet          +712         +710
                                       upstream of Cherry
                                       Road.
Tributary 1 to Dry Creek 2..........  Approximately 300 feet          +708         +710  City of Huntsville,
                                       downstream of Johns                                Unincorporated Areas
                                       Road Northwest.                                    of Madison County.
                                      At the downstream side          +749         +751
                                       of Ralph Road.

[[Page 21699]]

 
Tributary 2 to Indian Creek.........  At the Indian Creek             +674         +675  City of Huntsville,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Madison County.
                                      Approximately 0.7 mile          +699         +700
                                       upstream of the Indian
                                       Creek confluence.
Tributary 3 to Indian Creek.........  Approximately 0.4 mile          +699         +700  City of Huntsville,
                                       downstream of Jeff                                 City of Madison,
                                       Road Northwest.                                    Unincorporated Areas
                                                                                          of Madison County.
                                      At the downstream side          None         +811
                                       of Woodland Trail.
Unnamed Tributary to Sherwood Branch  Approximately 1,840             None         +687  City of Huntsville,
                                       feet downstream of                                 Unincorporated Areas
                                       Enterprise Way.                                    of Madison County.
                                      Approximately 730 feet          None         +706
                                       upstream of Wayne Road
                                       Northwest.
West Fork Pinhook Creek.............  Approximately 1,940             +678         +679  City of Huntsville.
                                       feet downstream of
                                       Medaris Road Northwest.
                                      At the downstream side          None         +767
                                       of Pulaski Pike.
West Fork Pinhook Tributary A.......  Approximately 0.5 mile          None         +732  City of Huntsville.
                                       downstream of
                                       Sturbridge Drive.
                                      Approximately 110 feet          None         +799
                                       upstream of Green
                                       Meadow Road Northwest.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Huntsville
Maps are available for inspection at 320 Fountain Circle, 2nd Floor, Huntsville, AL 35801.
 
City of Madison
Maps are available for inspection at 100 Hughes Road, Madison, AL 35758.
 
Town of Gurley
Maps are available for inspection at 235 Walker Street, Gurley, AL 35748.
 
Town of Owens Cross Roads
Maps are available for inspection at 2965 Old Highway 431, Owens Cross Roads, AL 35763.
 
Town of Triana
Maps are available for inspection at 640 6th Street, Madison, AL 35756.
 
                                     Unincorporated Areas of Madison County
Maps are available for inspection at the Madison County Engineering Building, 814 Cook Avenue, Huntsville, AL
 35801.
----------------------------------------------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: April 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-9345 Filed 4-15-11; 8:45 am]
BILLING CODE 9110-12-P


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