[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Proposed Rules]
[Pages 47164-47169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22111]


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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-1064]


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-1064, 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#a6cdc3d0cfc888cac9c8c1e6c2ced588c1c9d0"><span class="__cf_email__" data-cfemail="e9828c9f8087c78586878ea98d819ac78e869f">[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#7e151b08171050121110193e1a160d50191108"><span class="__cf_email__" data-cfemail="741f11021d1a5a181b1a1334101c075a131b02">[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.

[[Page 47165]]

    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
----------------------------------------------------------------------------------------------------------------
                                 Baxter County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
North Fork River...................  Just downstream of State           +397         +398  City of Norfork,
                                      Highway 177.                                          Unincorporated Areas
                                                                                            of Baxter County,
                                                                                            City of Salesville.
                                     At the confluence with             +397         +398
                                      White River.
Tributary <greek-i>1 to Dodd Creek.  At the confluence with             +784         +785  City of Mountain
                                      Dodd Creek.                                           Home.
                                     Approximately 505 feet             None         +834
                                      upstream of Burnett Drive.
----------------------------------------------------------------------------------------------------------------
* 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 Baxter County
Maps are available for inspection at the County Courthouse, 1 East 7th Street, Mountain Home, AR 72653.
 
City of Mountain Home
Maps are available for inspection at 720 South Hickory Street, Mountain Home, AR 72653.
 
City of Norfork
Maps are available for inspection at 49 City Hall Circle, Norfork, AR 72658.
 
City of Salesville
Maps are available for inspection at 46 Salesville Circle, Salesville, AR 72653.
----------------------------------------------------------------------------------------------------------------
                                  Kauai County, Hawaii, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Pacific Ocean......................  On the Pacific Ocean               None   <greek-i>1  Unincorporated Areas
                                      coastline, on the east                                of Kauai County.
                                      side of the island,
                                      approximately 0.6 mile
                                      northeast of Kuahona
                                      Point.
                                     On the Pacific Ocean               None  <greek-i>89
                                      coastline, on the east
                                      side of the island,
                                      approximately 0.9 mile
                                      southeast of the
                                      intersection of Niumalu
                                      Road and Hulemalu Road.
                                     Approximately 2,075 feet           None   <greek-i>1
                                      southeast of the
                                      intersection of Waapa
                                      Road and Niumalu 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.
 

[[Page 47166]]

 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Kauai County
Maps are available for inspection at the Department of Public Works, 4444 Rice Street, Suite 175, Lihue, HI
 96766.
----------------------------------------------------------------------------------------------------------------
                                Delaware County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Muncie Creek.......................  Just downstream of                 +939         +939  City of Muncie,
                                      McCulloch Boulevard.                                  Unincorporated Areas
                                                                                            of Delaware County.
                                     Just downstream of Norfolk         None         +959
                                      Southern Railroad.
West Fork White River..............  Approximately 2,200 feet           +872         +873  Unincorporated Areas
                                      downstream of Interstate                              of Delaware County,
                                      69.                                                   City of Muncie, Town
                                                                                            of Daleville, Town
                                                                                            of Yorktown.
                                     Approximately 17,780 feet          +993         +992
                                      upstream of County Road
                                      700.
----------------------------------------------------------------------------------------------------------------
* 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 Muncie
Maps are available for inspection at City Hall, 300 North High Street, Muncie, IN 47334.
 
Town of Daleville
Maps are available for inspection at the Town Hall, 8019 Walnut Street, Daleville, IN 47334.
 
Town of Yorktown
Maps are available for inspection at the Town Hall, 9800 West Smith Street, Yorktown, IN 47396.
 
                                     Unincorporated Areas of Delaware County
Maps are available for inspection at the County Building, 100 West Main Street, Muncie, IN 47305.
----------------------------------------------------------------------------------------------------------------
                              Tangipahoa Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ponchatoula Creek..................  Approximately 1,726 feet           None          +79  Town of Independence.
                                      upstream of the
                                      confluence of Ponchatoula
                                      Creek and Unnamed
                                      Tributary.
                                     Approximately 1.92 miles           None          +87
                                      upstream of the
                                      confluence of Ponchatoula
                                      Creek and Unnamed
                                      Tributary.
Tangipahoa River...................  Approximately 1.18 miles           None         +118  Town of Roseland.
                                      upstream of the
                                      confluence of the
                                      Tangipahoa River and Big
                                      Creek.
                                     Approximately 1,809 feet           None         +126
                                      downstream of the
                                      intersection of the
                                      Tangipahoa River and
                                      Highway 10.
Unnamed Tributary..................  Approximately 0.65 miles           None          +79  Town of Independence.
                                      upstream of the
                                      confluence of Unnamed
                                      Tributary and Ponchatoula
                                      Creek.
                                     Approximately 0.81 miles           None          +80
                                      upstream of the
                                      confluence of Unnamed
                                      Tributary and Ponchatoula
                                      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
 
Town of Independence
Maps are available for inspection at P.O. Box 35, Independence, LA 70443.
 
Town of Roseland

[[Page 47167]]

 
Maps are available for inspection at 62438 Commercial Drive, Roseland, LA 70546.
----------------------------------------------------------------------------------------------------------------
                                 Todd County, Minnesota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Long Prairie River.................  Approximately 15,140 feet          None        +1284  City of Long Prairie,
                                      downstream of U.S.                                    Unincorporated Areas
                                      Highway 71.                                           of Todd County.
----------------------------------------------------------------------------------------------------------------
                                     Approximately 3,950 feet           None        +1293
                                      upstream of Riverside
                                      Drive/County Highway 56.
----------------------------------------------------------------------------------------------------------------
* 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 Long Prairie
Maps are available for inspection at 615 Lake Street South, Long Prairie, MN 56347.
 
                                       Unincorporated Areas of Todd County
Maps are available for inspection at 215 1st Avenue South, Suite 201, Long Prairie, MN 56347.
----------------------------------------------------------------------------------------------------------------
                                Grant County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cotton Wood Creek..................  Approximately 400 feet             None        +5942  Unincorporated Areas
                                      upstream of the                                       of Grant County.
                                      confluence with Silva
                                      Creek.
                                     Just downstream of Little          None        +5987
                                      Walnut Road.
Maunde's Creek.....................  Approximately 1.0 miles            None        +5698  Unincorporated Areas
                                      downstream of Rosedale                                of Grant County.
                                      Road.
                                     Approximately 1.1 miles            None        +6122
                                      upstream of the
                                      confluence with Central
                                      Arroyo.
Pinos Altos Creek..................  Approximately 0.4 miles            None        +6116  Unincorporated Areas
                                      upstream of North Fowler                              of Grant County.
                                      Avenue.
                                     Approximately 0.5 miles            None        +6130
                                      upstream of North Fowler
                                      Avenue.
San Vicente Arroyo.................  Approximately 1,000 feet           None        +5623  Unincorporated Areas
                                      downstream of Broken                                  of Grant County.
                                      Arrow Drive.
                                     Approximately 700 feet             None        +5762
                                      upstream of the
                                      confluence with Tributary
                                      No. 4 (San Vicente
                                      Arroyo).
Silva Creek........................  Approximately 400 feet             None        +5942  Unincorporated Areas
                                      upstream of the                                       of Grant County.
                                      confluence with Silva
                                      Creek.
                                     Approximately 300 feet             None        +5993
                                      upstream of Jade Drive.
Tributary No. 1 (Maude's Creek)....  At the confluence with             None        +5858  Unincorporated Areas
                                      Maude's Creek.                                        of Grant County.
                                     Approximately 1,300 feet           None        +6006
                                      downstream of Silver
                                      Heights Boulevard.
Tributary No. 2 (Maude's Creek)....  Approximately 800 feet             None        +5853  Unincorporated Areas
                                      upstream of Yellow Arrow                              of Grant County.
                                      Lane.
                                     Approximately 1,900 feet           None        +5868
                                      upstream of Yellow Arrow
                                      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.
 

[[Page 47168]]

 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Grant County
Maps are available for inspection at 1400 Highway 180 East, Silver City, NM 88061.
----------------------------------------------------------------------------------------------------------------
                                Seminole County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tributary 3 of Magnolia Creek......  Approximately 1.3 miles            +955         +953  Unincorporated Areas
                                      upstream of confluence                                of Seminole County.
                                      with Tributary 1 of
                                      Tributary 3 of Magnolia
                                      Creek.
                                     Approximately 1.7 miles            +966         +967
                                      upstream of confluence
                                      with Tributary 1 of
                                      Tributary 3 of Magnolia
                                      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
 
                                     Unincorporated Areas of Seminole County
Maps are available for inspection at 110 South Wewoka Avenue, Wewoka, OK 74884.
----------------------------------------------------------------------------------------------------------------
                                 Meigs County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Dake Branch........................  At the confluence with             None         +696  Unincorporated Areas
                                      Watts Creek.                                          of Meigs County.
                                     Approximately 0.8 miles            None         +696
                                      upstream of the
                                      confluence with Watts
                                      Creek.
Decatur Branch.....................  At the confluence of               None         +732  Town of Decatur.
                                      Decatur Creek.
                                     Approximately 0.5 miles            None         +745
                                      upstream of Church Lane.
Decatur Creek......................  Approximately 0.5 miles            None         +730  Town of Decatur.
                                      downstream of State
                                      Highway 58.
                                     Approximately 605 feet             None         +742
                                      upstream of State Highway
                                      58.
Watts Creek........................  At the confluence with             None         +696  Unincorporated Areas
                                      Tennessee River.                                      of Meigs County.
                                     Approximately 1.9 miles            None         +696
                                      upstream of the
                                      confluence with Tennessee
                                      River.
----------------------------------------------------------------------------------------------------------------
* 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 Meigs County
Maps are available for inspection at the County Courthouse, 17214 State Highway 58 North, Decatur, TN 37322.
 
Town of Decatur
Maps are available for inspection at City Hall, 17454 State Highway 58 North, Decatur, TN 37322.
----------------------------------------------------------------------------------------------------------------
                                 Burleson County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Copperas Hollow Creek..............  Approximately 0.3 miles            +366         +367  Unincorporated Areas
                                      upstream of Country Club                              of Burleson County.
                                      Drive.
                                     Approximately 630 feet             +379         +378
                                      downstream of the
                                      Burlington Northern Santa
                                      Fe Railroad.
Elm Branch.........................  At the confluence with Elm         +339         +341  Unincorporated Areas
                                      Branch.                                               of Burleson County.
Tributary 1........................  Just downstream of 10th            +371         +372
                                      Street.

[[Page 47169]]

 
Stream TCA.........................  Just downstream of the             +250         +246  Unincorporated Areas
                                      Burlington Northern Santa                             of Burleson County,
                                      Fe Railroad.                                          City of Somerville.
                                     Approximately 650 feet             +250         +254
                                      upstream of County Road
                                      422.
Stream TCB.........................  At the confluence with             +250         +247  City of Somerville.
                                      Stream TCA.
                                     Approximately 1,000 feet           +250         +251
                                      upstream of Avenue E.
----------------------------------------------------------------------------------------------------------------
* 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 Somerville
Maps are available for inspection at P.O. Box 159, Somerville, TX 77879.
 
                                     Unincorporated Areas of Burleson County
Maps are available for inspection at 100 West Buck, Suite 306, Caldwell, TX 77836.
----------------------------------------------------------------------------------------------------------------

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

Edward L. Connor,
Acting Assistant Administrator for Mitigation, Mitigation Directorate, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-22111 Filed 9-14-09; 8:45 am]
BILLING CODE 9110-12-P


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