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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1065]
 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 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 7, 2009.
 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-1065, 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) 
                        *kevin.long@dhs.gov.*
 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) 
                        *kevin.long@dhs.gov.*


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. § 67.4
  2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s)
Location of referenced elevation **
* Elevation in feet (NGVD) 
                                     + Elevation in feet (NAVD)  
                                     # Depth in feet above ground  
                                     ‸ Elevation in meters (MSL)
Communities affectedEffective
Modified**Colfax County, New Mexico, and Incorporated Areas**Ranton Creek
Approximately 450 feet downstream of Kiowa Avenue
None
+6541
Unincorporated Areas of Colfax County.Approximately 150 feet downstream of Kiowa Avenue
None
+6547* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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****Unincorporated Areas of Colfax County**Maps are available for inspection at the Floodplain Manager's Office, 116 South 3rd Street, Raton, NM 87740.**Luna County, New Mexico, and Incorporated Areas**Mimbres River
Approximately 2.1 miles upstream of State Highway 549 Southeast
+4152
+4151
Unincorporated Areas of Luna County.Approximately 1,500 feet downstream of Interstate Highway 10
+4280
+4282* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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****Unincorporated Areas of Luna County**Maps are available for inspection at 201 East Cody Street, Deming, NM 88030.**Taos County, New Mexico, and Incorporated Areas**Bitter Creek
At the confluence with Red River
+8654
+8659
Town of Red River, Unincorporated Areas of Taos County.Approximately 1,150 feet upstream of High Creek
None
+8696Red River
Just upstream of High Cost Trail
+8608
+8612
Town of Red River, Unincorporated Areas of Taos County.Approximately 1.08 miles downstream of Goose Lake Trail 66
None
+8782Rio Lucero
At the confluence with Rio Pueblo De Taos
None
+6886
Pueblo of Taos.Approximately 0.56 miles upstream of Paseo Del Pueblo Norte Road
None
+6995Rio Pueblo De Taos
Just upstream of Karavas Road
None
+6886
Town of Taos, Pueblo of Taos.Approximately 600 feet downstream of Paseo Del Pueblo Norte Road
None
+6952* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.( print page 46070)‸ 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****Pueblo of Taos**Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571.**Town of Red River**Maps are available for inspection at 100 East Main Street, Red River, NM 87558.**Town of Taos**Maps are available for inspection at the Planning Department, 400 Camino De La Placita, Taos, NM 87571.**Unincorporated Areas of Luna County**Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571.**Cannon County, Tennessee, and Incorporated Areas**East Fork Stones River
Approximately 80 feet downstream of confluence with Lehman Branch
None
+690
Unincorporated Areas of Cannon County.Approximately 40 feet upstream of Dolittle Road
None
+706* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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****Unincorporated Areas of Cannon County**Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190.**Stewart County, Tennessee, and Incorporated Areas**Tennessee River
County Boundary Between Houston/Stewart Counties, Tennessee (approximately River Mile 74.2)
None
+375
Unincorporated Areas of Stewart County.From the Kennedy/Tennessee state boundary (approximately River Mile 49.2)
None
+375* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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****Unincorporated Areas of Stewart County**Maps are available for inspection at 226 Lakeview Drive, Dover, TN 37058.**DeWitt County, Texas, and Incorporated Areas**Gohlke Creek
Just upstream of Old Clinton Road
None
+166
Unincorporated Areas of DeWitt County.Approximately 800 feet downstream of West Heaton Street
None
+167SCS Channel
Approximately 1.1 miles downstream of Old Cheapside Road
None
+178
Unincorporated Areas of DeWitt County.( print page 46071)Approximately 650 feet downstream of Terrell Street
None
+184* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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****Unincorporated Areas of DeWitt County**Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954.**Medina County, Texas, and Incorporated Areas**Burnt Boot Creek
Approximately 1,570 feet downstream of the intersection of Thompson Avenue
None
+634
Unincorporated Areas of Medina County, City of Devine.Approximately 0.54 miles upstream of the intersection of RM 92
None
+700Chacon Creek
Approximately 1.46 miles downstream of the intersection of Highway 81
None
+660
Unincorporated Areas of Medina County, City of Natalia.Approximately 698 feet upstream of the intersection of RM 139
None
+717East Branch of Live Oak Creek
Approximately 2.28 miles downstream of the intersection of Highway 90
None
+847
Unincorporated Areas of Medina County, City of Hondo.Approximately 2.02 miles upstream of the intersection of Highway 90
None
+913Elm Slough
Approximately 1.13 miles downstream of CR 446
None
+803
Unincorporated Areas of Medina County, City of Hondo.Approximately 1,987 feet upstream of Co. Highway 443
None
+888Flat Creek
Approximately 2.4 miles downstream of the intersection of Highway 90
None
+720
Unincorporated Areas of Medina County, City of Castroville.Approximately 1.7 miles upstream of the intersection of Highway 90
None
+784Fort Ewell Creek
Just upstream of the confluence of Chacon Creek
None
+694
Unincorporated Areas of Medina County, City of Natalia.Just downstream of the intersection of RM 136
None
+701Hondo Creek
Approximately 0.50 miles downstream of CR 4526
None
+839
Unincorporated Areas of Medina County.Approximately 1.29 miles upstream of Vandenburg Road
None
+917Hondo Creek Tributary
Approximately 873 feet downstream of Highway 173
None
+862
Unincorporated Areas of Medina County.Approximately 0.62 miles upstream of Highway 173
None
+878Kempf Creek
Just upstream of the confluence of Medina River
None
+758
Unincorporated Areas of Medina County, City of Castroville.Approximately 215 feet downstream of the intersection of Farm Road 471
None
+778Little Live Oak Creek and flooding effects
Approximately 1.41 miles downstream of the intersection of CR 532
None
+812
Unincorporated Areas of Medina County, City of Hondo.Approximately 1,011 feet upstream of 19th Street
None
+897Little Sous Creek
Approximately 4,009 feet downstream of the intersection of Highway 90
None
+737
Unincorporated Areas of Medina County.Approximately 2.2 miles upstream of the intersection of Highway 90
None
+827Medina River
Approximately 0.60 miles downstream of the intersection of Lacoste Road
None
+689
Unincorporated Areas of Medina County, City of Castroville.Approximately 1.8 miles upstream of the confluence of Kempf Creek
None
+767( print page 46072)Parkers Creek
Approximately 2.71 miles downstream of the intersection of FM 2200
None
+826
Unincorporated Areas of Medina County.Approximately 1.61 miles upstream of the intersection of Highway 90
None
+914Polecat Creek
Approximately 0.55 miles downstream of the intersection of Dhanis Street
None
+708
Unincorporated Areas of Medina County, City of LaCoste.Approximately 503 feet upstream of the intersection of FM 471
None
+722San Fransisco Perez Creek
Approximately 0.49 miles downstream of the intersection of RM 101
None
+646
Unincorporated Areas of Medina County, City of Devine.Approximately 1.1 miles upstream of the intersection of RM 90
None
+699Seco Creek
Approximately 5.94 miles downstream of the intersection of CR 512
None
+838
Unincorporated Areas of Medina County.Approximately 4.1 miles upstream of the intersection of CR 428
None
+935South Fork San Geronimo Creek
Approximately 786 feet downstream of the confluence of Unnamed Tributary 1 to South Fork San Geronimo Creek
None
+1324
Unincorporated Areas of Medina County.Approximately 947 feet upstream of the confluence of Unnamed Tributary 2 to South Fork San Geronimo Creek
None
+1407South Polecat Creek
Approximately 0.42 miles downstream of the intersection of Dhanis Street
None
+708
Unincorporated Areas of Medina County, City of LaCoste.Approximately 0.44 miles upstream of the intersection of Contis Avenue
None
+730Tehuacana Creek
Approximately 1.24 miles downstream of the confluence of East Tehuacana Creek
None
+623
Unincorporated Areas of Medina County.Just downstream of the confluence of West Fork Tehuacana Creek
None
+660Unnamed Tributary 1 to San Geronimo Creek
Approximately 1.4 miles upstream of the confluence of San Geronimo Creek
None
+1360
Unincorporated Areas of Medina County.Approximately 2.6 miles upstream of the confluence of San Geronimo Creek
None
+1465Unnamed Tributary 1 to South Fork San Geronimo Creek
Just upstream of the confluence of South Fork San Geronimo Creek
None
+1345
Unincorporated Areas of Medina County.Approximately 1,844 feet upstream of the confluence of South Fork San Geronimo Creek
None
+1371Unnamed Tributary 2 to South Fork San Geronimo Creek
Just upstream of the confluence of South Fork San Geronimo Creek
None
+1401
Unincorporated Areas of Medina County.Approximately 1,069 feet upstream of the confluence of South Fork San Geronimo Creek
None
+1412Unnamed Tributary 2 to San Geronimo Creek
Approximately 779 feet upstream of the intersection of RT 37
None
+1295
Unincorporated Areas of Medina County.Approximately 0.65 miles upstream of the intersection of RT 37
None
+1339Unnamed Tributary to Medina Diversion Reservoir
Approximately 1,514 feet downstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir
None
+1159
Unincorporated Areas of Medina County.Approximately 1.4 miles upstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir
None
+1242Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir
Just upstream of the confluence of Unnamed Tributary to Medina Diversion Reservoir
None
+1173
Unincorporated Areas of Medina County.Approximately 0.8 miles upstream of the confluence of Unnamed Tributary to Medina Diversion Reservoir
None
+1264West Branch Little Live Oak Creek
Approximately 0.57 miles downstream of intersection of CR 532
None
+832
Unincorporated Areas of Medina County, City of Hondo.Approximately 0.39 miles upstream of the intersection of CR 530
None
+885( print page 46073)West Fork Tehuacana Tributary
Just upstream of the confluence of West Fork Tehuacana Creek
None
+668
Unincorporated Areas of Medina County.Approximately 0.62 miles upstream of CR 732
None
+699West Prong Atascosa River
Approximately 295 feet downstream of the intersection of Main Street
None
+693
Unincorporated Areas of Medina County, City of Lytle.Just downstream of the intersection of CR 681
None
+715West Tehuacana Creek
Just upstream of the confluence of Tehuacana Creek
None
+662
Unincorporated Areas of Medina County.Approximately 1,258 feet upstream of the intersection of CR 732
None
+707* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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 Castroville**Maps are available for inspection at 703 Paris Street, Castroville, TX 78009.**City of Devine**Maps are available for inspection at 303 South Teel Drive, Devine, TX 78016.**City of Hondo**Maps are available for inspection at 1600 Avenue M, Hondo, TX 78861.**City of LaCoste**Maps are available for inspection at 16004 South Front Street, LaCoste, TX 78039.**City of Lytle**Maps are available for inspection at 19325 FM 2790, Lytle, TX 78052.**City of Natalia**Maps are available for inspection at 300 3rd Street, Natalia, TX 78059.**Unincorporated Areas of Medina County**Maps are available for inspection at 709 Avenue Y, Hondo, TX 78861.**Washington County, Texas, and Incorporated Areas**Hog Branch
Approximately 2,500 feet upstream of North Blue Bell Road
None
+240
Unincorporated Areas of Washington County.Approximately 1,000 feet upstream of North Blue Bell Road
None
+249Little Sandy Creek
Approximately 300 feet upstream of Old Independence Road
None
+240
Unincorporated Areas of Washington County.Approximately 200 feet downstream of Burleson Street
None
+278* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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****Unincorporated Areas of Washington County**Maps are available for inspection at the County Courthouse, 100 East Main, Brenham, TX 77833.**Box Elder County, Utah, and Incorporated Areas**Box Elder Creek
Just upstream of Watery Lane
None
+4236
City of Brigham City.Upstream end of Mayor's Pond spillway
None
+4541( print page 46074)* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ 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 Brigham City**Maps are available for inspection at 20 North Main Street, Brigham City, UT 84302.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-21471 Filed 9-4-09; 8:45 am] BILLING CODE 9110-12-P