[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Proposed Rules]
[Pages 9561-9563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4343]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1106]


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 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 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 June 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-1106, 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) <a href="/cdn-cgi/l/email-protection#d4bfb1a2bdbafab8bbbab394b0bca7fab3bba2"><span class="__cf_email__" data-cfemail="335856455a5d1d5f5c5d5473575b401d545c45">[email protected]</span></a>.

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) <a href="/cdn-cgi/l/email-protection#d0bbb5a6b9befebcbfbeb790b4b8a3feb7bfa6"><span class="__cf_email__" data-cfemail="bcd7d9cad5d292d0d3d2dbfcd8d4cf92dbd3ca">[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 are also 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:

[[Page 9562]]



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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)  <greek-i>
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced     ground  [supcaret]       Communities affected
                                            elevation **          Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                    Lee County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Des Moines River (Mississippi River   At the confluence with          +502         +499  City of Keokuk.
 Backwater).                           the Mississippi River.
                                      Approximately 700 feet          +502         +499
                                       upstream of Burlington
                                       Northern Railroad.
Devils Creek (Mississippi River       Just upstream of the            +523         +524  Unincorporated Areas of
 Backwater).                           confluence with the                                Lee County, City of
                                       Mississippi River.                                 Fort Madison.
                                      Approximately 900 feet          +523         +524
                                       downstream of 235th
                                       Street.
Dry Creek...........................  Just upstream of the            +524         +525  City of Fort Madison.
                                       confluence with the
                                       Mississippi River.
                                      Approximately 100 feet          +524         +525
                                       downstream of Atchison
                                       Topeka and Santa Fe
                                       Railway (Southernmost
                                       track).
Fork Creek..........................  Just upstream of the            +525         +526  City of Fort Madison.
                                       confluence with the
                                       Mississippi River.
                                      Approximately 100 feet          +525         +526
                                       downstream of
                                       Burlington Northern
                                       Railroad.
French Creek........................  Approximately 600 feet          None         +558  Unincorporated Areas of
                                       upstream of B Avenue.                              Lee County.
                                      Approximately 700 feet          None         +558
                                       upstream of B Avenue.
Horton Creek........................  On the downstream side          +522         +523  City of Montrose.
                                       of Burlington Northern
                                       Railroad.
                                      Approximately 200 feet          +522         +523
                                       downstream of 2nd
                                       Street.
Jack Creek (Backwater from            Approximately 1,300             +522         +523  City of Montrose.
 Mississippi River).                   feet upstream of 1st
                                       Street.
                                      On the downstream side          +522         +523
                                       of Burlington Northern
                                       Railroad.
Mississippi River...................  At the confluence with          +502         +499  Unincorporated Areas of
                                       the Des Moines River.                              Lee County, City of
                                                                                          Fort Madison, City of
                                                                                          Keokuk, City of
                                                                                          Montrose.
                                      Approximately 4.7 miles         +528         +529
                                       downstream of the
                                       confluence with the
                                       Skunk River.
Mississippi River Tributary           Approximately 100 feet          +523         +524  Unincorporated Areas of
 (Backwater from Mississippi River).   upstream of Atchison                               Lee County.
                                       Topeka and Santa Fe
                                       Railway.
                                      Approximately 0.6 mile          +523         +524
                                       upstream of Ortho Road.
Soap Creek..........................  Just upstream of the            +503         +500  City of Keokuk.
                                       confluence with the
                                       Mississippi River.
                                      Approximately 500 feet          +503         +502
                                       downstream of 7th
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[supcaret] 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 Fort Madison
Maps are available for inspection at 811 Avenue East, Fort Madison, IA 52627.
 
City of Keokuk
Maps are available for inspection at 415 Blondeau Street, Keokuk, IA 52632.
 
City of Montrose
Maps are available for inspection at 102 South 2nd Street, Montrose, IA 52639.
 
                                       Unincorporated Areas of Lee County
Maps are available for inspection at 415 Blondeau Street, Keokuk, IA 52632.
----------------------------------------------------------------------------------------------------------------
                                Clinton County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Concord Creek.......................  Approximately 30 feet           None         +879  City of Plattsburg.
                                       upstream of the
                                       confluence with
                                       Funkhouser Creek.

[[Page 9563]]

 
                                      Approximately 25 feet           None         +901
                                       downstream of East
                                       Concord Drive.
Dicks Creek.........................  Approximately 20 feet           None         +931  City of Trimble,
                                       upstream of the City                               Unincorporated Areas
                                       of Trimble corporate                               of Clinton County.
                                       limit.
Funkhouser Creek....................  Approximately 725 feet          None         +876  City of Plattsburg.
                                       downstream of the
                                       confluence with
                                       Concord Creek.
                                      Approximately 350 feet          None         +878
                                       downstream of the
                                       confluence with
                                       Concord Creek.
Funkhouser Creek....................  Approximately 225 feet          None         +923  City of Plattsburg,
                                       upstream of Broadway                               Unincorporated Areas
                                       Street.                                            of Clinton County.
                                      Approximately 25 feet           None         +943
                                       downstream of Plotsky
                                       Avenue.
Smithland Lake......................  Entire shoreline.......         None         +876  City of Trimble,
                                                                                          Unincorporated Areas
                                                                                          of Clinton County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[supcaret] 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 Plattsburg
Maps are available for inspection at 114 West Maple Street, Plattsburg, MO 64477.
 
City of Trimble
Maps are available for inspection at 201 Port Arthur Road, Trimble, MO 64492.
 
                                     Unincorporated Areas of Clinton County
Maps are available for inspection at 207 North Main Street, Room 3, Plattsburg, MO 64477.
----------------------------------------------------------------------------------------------------------------

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

Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2010-4343 Filed 3-2-10; 8:45 am]
BILLING CODE 9110-12-P


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