[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Proposed Rules]
[Pages 47160-47164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22106]



[[Page 47160]]

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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-1071]


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 December 14, 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-1071, 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#432826352a2d6d2f2c2d2403272b306d242c35"><span class="__cf_email__" data-cfemail="c6ada3b0afa8e8aaa9a8a186a2aeb5e8a1a9b0">[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#59323c2f3037773536373e193d312a773e362f"><span class="__cf_email__" data-cfemail="4f242a39262161232021280f2b273c61282039">[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:

----------------------------------------------------------------------------------------------------------------
                                                                  * 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
----------------------------------------------------------------------------------------------------------------
                                 Pickens County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Ditch...........................  Approximately 1,317             None         +163  Unincorporated Areas of
                                       feet upstream of the                               Pickens County.
                                       confluence with
                                       Tributary 1.
                                      Approximately 1.1 mile          None         +174
                                       upstream of the
                                       confluence with
                                       Tributary 1.
Little Bear Creek...................  Approximately 0.8 miles         None         +235  Unincorporated Areas of
                                       downstream of U.S.                                 Pickens County.
                                       Highway 82.
                                      Approximately 1 mile            None         +262
                                       upstream of First
                                       Avenue.
Long Creek..........................  Approximately 845 feet          None         +254  Unincorporated Areas of
                                       upstream of First                                  Pickens County.
                                       Avenue.

[[Page 47161]]

 
                                      Approximately 1,123             None         +255
                                       feet upstream of First
                                       Avenue.
Lubbub Creek........................  Approximately 0.9 miles         None         +220  Unincorporated Areas of
                                       downstream of U.S.                                 Pickens County.
                                       Highway 82.
                                      Approximately 1,292             None         +227
                                       feet upstream of U.S.
                                       Highway 82.
Stream 2............................  Approximately 1,375             None         +196  Unincorporated Areas of
                                       feet downstream of the                             Pickens County.
                                       confluence with Stream
                                       3.
                                      Approximately 1,300             None         +196
                                       feet downstream of the
                                       confluence with Stream
                                       3.
Tombigbee River.....................  Approximately 1.4 miles         None         +144  City of Memphis.
                                       downstream of the
                                       confluence with Beaver
                                       Creek.
                                      Approximately 0.9 miles         None         +144
                                       downstream of the
                                       confluence with Beaver
                                       Creek.
----------------------------------------------------------------------------------------------------------------
* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Memphis
Maps are available for inspection at 128 Memphis Circle, Aliceville, AL 35442.
 
                                     Unincorporated Areas of Pickens County
Maps are available for inspection at Judicial Center, 20 Phoenix Avenue, Room 102, Carrollton, AL 35447.
----------------------------------------------------------------------------------------------------------------
                                 Holmes County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bay Branch..........................  Approximately 1,922             None          +80  Unincorporated Areas of
                                       feet upstream of the                               Holmes County.
                                       confluence with West
                                       Pittman Creek.
                                      Approximately 1.5 miles         None          +80
                                       upstream of the
                                       confluence with West
                                       Pittman Creek.
Blue Creek..........................  Just downstream of              None          +74  Unincorporated Areas of
                                       Valee Road.                                        Holmes County.
                                      Approximately 1.9 miles         None          +88
                                       upstream of Jack
                                       Johnson Road.
Camp Branch.........................  Approximately 670 feet          None          +87  Unincorporated Areas of
                                       downstream of Bonifay                              Holmes County, City of
                                       Chipley Road.                                      Bonifay.
                                      Approximately 364 feet          None         +122
                                       upstream of N.
                                       Waukesha Street.
Camp Branch Tributary 1.............  Approximately 1,216             None          +87  Unincorporated Areas of
                                       feet downstream of Joe                             Holmes County, City of
                                       White Road.                                        Bonifay.
                                      Approximately 1,047             None         +124
                                       feet upstream of
                                       Industrial Drive.
Caney Branch........................  Approximately 1,725             None          +68  Unincorporated Areas of
                                       feet upstream of the                               Holmes County.
                                       confluence with
                                       Wrights Creek.
                                      Approximately 0.9 miles         None          +68
                                       upstream of the
                                       confluence with
                                       Wrights Creek.
Cow Branch..........................  Approximately 1,232             None          +70  Unincorporated Areas of
                                       feet downstream of                                 Holmes County, Town of
                                       Ammons Road.                                       Ponce De Leon.
                                      Approximately 0.4 miles         None          +92
                                       upstream of Grant Road.
Cow Branch Tributary 1..............  At the confluence with          None          +82  Unincorporated Areas of
                                       Cow Branch.                                        Holmes County, Town of
                                                                                          Ponce De Leon.
                                      Approximately 0.7 miles         None         +153
                                       upstream of Grant Road.
Hathaway Mill Creek.................  Just downstream of              None          +63  Unincorporated Areas of
                                       Hathaway Mill Road.                                Holmes County.
                                      Approximately 0.4 miles         None          +63
                                       upstream of Hathaway
                                       Mill Road.

[[Page 47162]]

 
Merrill Branch......................  At the confluence with          None          +80  Unincorporated Areas of
                                       Bay Branch.                                        Holmes County.
                                      Approximately 0.8 miles         None          +80
                                       upstream of the
                                       confluence with Bay
                                       Branch.
Mill Creek..........................  Approximately 1,492             None          +59  Unincorporated Areas of
                                       feet downstream of                                 Holmes County, Town of
                                       Jack Brown Drive.                                  Ponce De Leon.
                                      Approximately 735 feet          None          +76
                                       downstream of Jack
                                       Brown Drive.
Old Creek...........................  Just downstream of R.M.         None          +59  Town of Westville.
                                       Ward Road.
                                      Approximately 0.6 miles         None          +59
                                       upstream of R.M Ward
                                       Road.
Parrot Creek........................  Just upstream of Rum            None          +88  Unincorporated Areas of
                                       Road.                                              Holmes County.
                                      At the confluence with          None          +88
                                       Hand Branch.
Sandy Creek.........................  Approximately 200 feet          None          +84  Unincorporated Areas of
                                       downstream of County                               Holmes County.
                                       Highway 81A.
                                      Approximately 1.5 miles         None         +102
                                       upstream of County
                                       Highway 183A.
Unnamed Tributary to Bay Branch.....  At the confluence with          None          +80  Unincorporated Areas of
                                       Bay Branch.                                        Holmes County.
                                      Approximately 0.8 miles         None          +80
                                       upstream of the
                                       confluence with Bay
                                       Branch.
West Pittman Creek..................  Just downstream of              None          +80  Unincorporated Areas of
                                       County Highway 179A.                               Holmes County.
                                      Approximately 1,454             None          +80
                                       feet upstream of
                                       County Highway 179A.
Wrights Creek.......................  Just downstream of              None          +88  Unincorporated Areas of
                                       Adolph Whitaker Road.                              Holmes County.
                                      Approximately 1.9 miles         None         +148
                                       upstream of Bush Road.
----------------------------------------------------------------------------------------------------------------
* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Bonifay
Maps are available for inspection at City Hall, 301 J. Harvey Ethridge Street, Bonifay, FL 32425.
 
Town of Ponce De Leon
Maps are available for inspection at the Town Hall, 1580 Highway 90, Ponce De Leon, FL 32455.
 
Town of Westville
Maps are available for inspection at the Town Hall, 2523 North Pine Street, Westville, FL 32464.
 
                                      Unincorporated Areas of Holmes County
Maps are available for inspection at the Chamber of Commerce, 106 East Byrd Avenue, Bonifay, FL 32425.
----------------------------------------------------------------------------------------------------------------
                                Johnson County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Mine Fork (Backwater effects      From confluence with            None         +730  Unincorporated Areas of
 from Paintsville Lake).               Paintsville Lake to                                Johnson County.
                                       approximately 1 mile
                                       upstream of confluence
                                       with Paintsville Lake.
Colvin Branch (Backwater effects      From confluence with            None         +730  Unincorporated Areas of
 from Paintsville Lake).               Paintsville Lake to                                Johnson County.
                                       approximately 1,700
                                       feet upstream of
                                       confluence with
                                       Paintsville Lake.
Left Fork Blaine Creek..............  Just downstream of              None         +690  Unincorporated Areas of
                                       confluence with Keaton                             Johnson County.
                                       Fork.
                                      Approximately 150 feet          None         +691
                                       upstream of KY-469.
Little Mine Fork (Backwater effects   From confluence with            None         +730  Unincorporated Areas of
 from Paintsville Lake).               Big Mine Fork to                                   Johnson County.
                                       approximately 1,100
                                       feet upstream of
                                       confluence with Big
                                       Mine Fork.

[[Page 47163]]

 
Little Paint Creek (Backwater         From confluence with            None         +730  Unincorporated Areas of
 effects from Paintsville Lake).       Paintsville Lake to                                Johnson County.
                                       approximately 1.3
                                       miles upstream of
                                       confluence with
                                       Paintsville Lake.
Paintsville Lake....................  Entire shoreline of             None         +730  Unincorporated Areas of
                                       Paintsville Lake.                                  Johnson County.
----------------------------------------------------------------------------------------------------------------
* 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 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 Johnson County
Maps are available for inspection at 908 3rd Street, Paintsville, KY 41240.
----------------------------------------------------------------------------------------------------------------
                              Beauregard Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cowpen Creek........................  Just downstream of              +175         +174  Unincorporated Areas of
                                       Graybow Road.                                      Beauregard Parish.
                                      Approximately 0.9 miles         +197         +196
                                       upstream of Sunset
                                       Lane.
Hickory Branch Creek................  Approximately 0.7 miles         +161         +160  Unincorporated Areas of
                                       downstream of Mays                                 Beauregard Parish,
                                       Street.                                            City of Deridder.
                                      Approximately 1300 feet         +174         +173
                                       upstream of Park Road.
Palmetto Creek......................  Just upstream of                +132         +131  Unincorporated Areas of
                                       Highway 171.                                       Beauregard Parish,
                                                                                          City of Deridder.
                                      Just downstream of              +181         +180
                                       Highway 190.
Unnamed Tributary of Cowpen Creek...  At the confluence with          +193         +192  Unincorporated Areas of
                                       Cowpen Creek.                                      Beauregard Parish.
                                      Approximately 0.4 miles         +193         +192
                                       upstream of Country
                                       Lane.
----------------------------------------------------------------------------------------------------------------
* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Deridder
Maps are available for inspection at 200 South Jefferson Street, Deridder, LA 70634.
 
                                    Unincorporated Areas of Beauregard Parish
Maps are available for inspection at 201 West 2nd Street, Deridder, LA 70634.
----------------------------------------------------------------------------------------------------------------
                                Pontotoc County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Clear Boggy Creek...................  Approximately 990 feet          None         +817  Unincorporated Areas of
                                       downstream of Highway                              Pontotoc County, City
                                       377.                                               of Ada.
                                      Approximately 400 feet          None         +819
                                       downstream of
                                       Stonecipher Boulevard.
Little Sandy Creek..................  Approximately 900 feet          None         +916  Unincorporated Areas of
                                       downstream of North                                Pontotoc County, City
                                       3570 Road.                                         of Ada.
                                      Approximately 528 feet          +982         +984
                                       upstream of Constant
                                       Avenue.

[[Page 47164]]

 
Town Branch.........................  Approximately 1,500             None         +822  Unincorporated Areas of
                                       feet downstream of                                 Pontotoc County, Town
                                       North 3700 Road.                                   of Allen.
                                      Approximately 1,550             None         +852
                                       feet upstream of East
                                       B Street.
----------------------------------------------------------------------------------------------------------------
* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Ada
Maps are available for inspection at 231 South Townsend Street, Ada, OK 78420.
 
Town of Allen
Maps are available for inspection at 109 North Memphis Street, Allen, OK 78425.
 
                                     Unincorporated Areas of Pontotoc County
Maps are available for inspection at 120 West 13th Street, Ada, OK 74821.
----------------------------------------------------------------------------------------------------------------

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

Edward L. Connor,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-22106 Filed 9-14-09; 8:45 am]
BILLING CODE 9110-12-P


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