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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-1097]
 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 to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
 DATES: Comments are to be submitted on or before August 23, 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-1097, 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 also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. *National Environmental Policy Act.*
                     This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.*
                     As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Executive Order 12866, Regulatory Planning and Review.*
                     This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. *Executive Order 13132, Federalism.*
                     This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.*
                     This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure
Flood insurance
Reporting and recordkeeping requirements
 
 
 Accordingly, 44 CFR part 67 is proposed to be amended as follows: 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: State
City/town/county
Source of flooding
Location**
* Elevation in feet
                                     (NGVD) 
                                     + Elevation in feet 
                                     (NAVD) 
                                     # Depth in feet above ground 
                                     ‸ Elevation in meters 
                                     (MSL)Existing
Modified**City of Hampton, Virginia**Virginia
City of Hampton
Newmarket Creek
Approximately 275 feet downstream of Big Bethel Road
+8
+9Approximately 20 feet upstream of the confluence with Newmarket Creek Tributary
None
+22City of Hampton
Newmarket Creek Tributary
At the confluence with Newmarket Creek.
None
+22Approximately 30 feet downstream of I-64
None
+22* 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 Hampton**Maps are available for inspection at the Central Permits Office, 22 Lincoln Avenue, Hampton, VA 23669.
 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**Rio Grande County, Colorado, and Incorporated Areas**Willow Creek
At the confluence with the Rio Grande, approximately 400 feet north of U.S. Route 160
None
+8,154
Unincorporated Areas of Rio Grande County.Approximately 1.1 mile south of East Lake Court
None
+8,766* 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 Rio Grande County**Maps are available for inspection at 925 6th Street, Del Norte, CO 81132.**Washington County, Florida, and Incorporated Areas**Alligator Creek
At the upstream side of County Road 166
None
+76
Unincorporated Areas of Washington County.( print page 29255)Approximately 3.2 miles upstream of County Road 166
None
+81Bear Bay Creek
At the confluence with Pine Log Creek
None
+44
Unincorporated Areas of Washington County.Approximately 3.9 miles upstream of the confluence with Pine Log Creek
None
+76Botheration Creek
At the confluence with Pine Log Creek
None
+32
Unincorporated Areas of Washington County.Approximately 200 feet downstream of the county boundary
None
+90Brock Mill Branch
At the confluence with Jones Rice Mill Branch
None
+54
Unincorporated Areas of Washington County.Approximately 100 feet downstream of State Road 77
None
+109Flat Creek
At the confluence with Hard Labor Creek
None
+50
Unincorporated Areas of Washington County.Approximately 9.7 miles upstream of the confluence with Hard Labor Creek
None
+160Hard Labor Creek
At State Road 277
None
+43
Unincorporated Areas of Washington County.Approximately 15.6 miles upstream of the confluence with Holmes Creek
None
+114Helms Branch
At the confluence with Alligator Creek
None
+78
City of Chipley, Unincorporated Areas of Washington County.Approximately 3.2 miles upstream of the confluence with Alligator Creek
None
+89Johnson Branch
At Roche Avenue
None
+37
City of Vernon, Unincorporated Areas of Washington County.Approximately 3.8 miles upstream of the confluence with Holmes Creek
None
+101Jones Rice Mill Branch
At the upstream side of State Road 277
None
+54
Unincorporated Areas of Washington County.Approximately 5.9 miles upstream of the confluence with Holmes Creek
None
+146Pine Log Creek
Approximately 1.9 mile upstream of the confluence with the East River
None
+21
Town of Ebro, Unincorporated Areas of Washington County.At the confluence with Bear Bay Creek
None
+44Piney Branch
At State Road 77
None
+40
Unincorporated Areas of Washington County.Approximately 6.6 miles upstream of the confluence with Holmes Creek
None
+193Pippen Mill Creek
At Roche Avenue
None
+37
City of Vernon, Unincorporated Areas of Washington County.Approximately 5.4 miles upstream of the confluence with Holmes Creek
None
+95Reedy Creek
At the confluence with Hard Labor Creek
None
+59
Town of Wausau, Unincorporated Areas of Washington County.Approximately 3.8 miles upstream of the confluence with Hard Labor Creek
None
+105Unnamed Tributary 1 to Alligator Creek
Approximately 765 feet upstream of State Road 277
None
+68
Unincorporated Areas of Washington County.Approximately 1.4 mile upstream of State Road 277
None
+121Unnamed Tributary 2 to Alligator Creek
Approximately 0.4 mile upstream of the confluence with Alligator Creek
None
+72
City of Chipley, Unincorporated Areas of Washington County.Approximately 2.2 miles upstream of the confluence with Alligator Creek
None
+111Unnamed Tributary 3 to Alligator Creek
At the confluence with Alligator Creek
None
+76
City of Chipley, Unincorporated Areas of Washington County.Approximately 2 miles upstream of the confluence with Alligator Creek
None
+102( print page 29256)Unnamed Tributary to Helms Branch
Approximately 300 feet downstream of Brickyard Road
None
+117
City of Chipley, Unincorporated Areas of Washington County.Approximately 0.6 mile upstream of Brickyard Road
None
+131Unnamed Tributary to Holmes Creek
Approximately 0.4 mile upstream of the confluence with Holmes Creek
None
+36
City of Vernon, Unincorporated Areas of Washington County.Approximately 2.2 miles upstream of the confluence with Holmes Creek
None
+52Unnamed Tributary to Holmes Creek East Branch
At the confluence with Unnamed Tributary to Holmes Creek
None
+42
City of Vernon, Unincorporated Areas of Washington County.Approximately 1.3 mile upstream of the confluence with Unnamed Tributary to Holmes Creek
None
+55* 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 Chipley**Maps are available for inspection at City Hall, 1442 Jackson Avenue, Chipley, FL 32428.**City of Vernon**Maps are available for inspection at 2808 Yellow Jacket Drive, Vernon, FL 32462.**Town of Ebro**Maps are available for inspection at the Town Hall, 6629 Dog Track Road, Ebro, FL 32437.**Town of Wausau**Maps are available for inspection at the Town Hall, 1607 2nd Avenue, Wausau, FL 32463.**Unincorporated Areas of Washington County**Maps are available for inspection at the Washington County Clerk's Office, 1293 Jackson Avenue, Chipley, FL 32428.**Butler County, Iowa, and Incorporated Areas**Beaver Creek
Approximately 1,800 feet downstream of Utica Avenue
None
+896
Unincorporated Areas of Butler County.Approximately 1.2 mile upstream of Utica Avenue
None
+901Shell Rock River
Approximately 1.1 mile downstream of Cherry Street
None
+899
Unincorporated Areas of Butler County.Approximately 0.9 mile upstream of the dam
None
+909Shell Rock River
On the downstream side of Iowa Northern Railway
None
+923
Unincorporated Areas of Butler County.Approximately 1,000 feet upstream of Chicago and North Western Railroad
None
+931Shell Rock River
Approximately 0.7 mile downstream of Traer Street
None
+955
Unincorporated Areas of Butler County.Approximately 700 feet upstream of State Highway 14
None
+960Shell Rock River Overflow Channel 2
Approximately 900 feet downstream of Main Street
None
+955
Unincorporated Areas of Butler County.Approximately 400 feet upstream of Main Street
None
+958* 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.( print page 29257)**ADDRESSES****Unincorporated Areas of Butler County**Maps are available for inspection at the Butler County Courthouse, 428 6th Street, Allison, IA 50602.**Chesterfield County, Virginia, and Incorporated Areas**Appomattox River
Approximately 0.9 mile upstream of the confluence with Swift Creek
None
*9
Unincorporated Areas of Chesterfield County.At the Chesterfield County/City of Colonial Heights/City of Petersburg boundary
None
*20Blackman Creek
At the confluence with Deep Creek and Horsepen Creek
None
*197
Unincorporated Areas of Chesterfield County.Approximately 3.7 miles upstream of Otterdale Road (SR-667)
None
*287Crooked Branch
On the upstream side of State Highway 288
*127
*131
Unincorporated Areas of Chesterfield County.At the upstream side of Centralia Road (SR-145)
*147
*148Deep Creek
At the confluence with the Swift Creek Reservoir
None
*182
Unincorporated Areas of Chesterfield County.At the confluence with Blackman Creek and Horsepen Creek
None
*197Fuqua Branch
At the confluence with Dry Creek
None
*185
Unincorporated Areas of Chesterfield County.Approximately 2.2 miles upstream of the Ashbrook Lake Dam
None
*261Great Branch
Approximately 500 feet upstream of Hamlin Creek Parkway
*102
*103
Unincorporated Areas of Chesterfield County.Approximately 250 feet downstream of Chalkley Road
*139
*141Great Branch Tributary
At the confluence with Great Branch
*126
*129
Unincorporated Areas of Chesterfield County.Approximately 1,000 feet downstream of Ecoff Avenue
*127
*129Horsepen Creek
At the confluence with Blackman Creek and Deep Creek
None
*197
Unincorporated Areas of Chesterfield County.Approximately 3.0 miles upstream of the confluence with Blackman Creek and Deep Creek
None
*257Johnsons Creek
Approximately 800 feet downstream of Spruce Avenue
*18
*19
Unincorporated Areas of Chesterfield County.Approximately 0.8 mile upstream of Old Bermuda Hundred Road
None
*128Johnsons Creek Tributary
Approximately 320 feet upstream of East Hundred Road (SR-10)
None
*57
Unincorporated Areas of Chesterfield County.Approximately 100 feet upstream of Bermuda Hundred Road
None
*63Lake Chesdin
Entire shoreline in Chesterfield County
None
*163
Unincorporated Areas of Chesterfield County.Little Tomahawk Creek
At the confluence with the Swift Creek Reservoir
*183
*184
Unincorporated Areas of Chesterfield County.Approximately 1,800 feet upstream of the confluence with the Swift Creek Reservoir
*183
*184Proctors Creek
On the upstream side of the railroad
*25
*27
Unincorporated Areas of Chesterfield County.Approximately 850 feet upstream of the confluence with Tributary 2 to Proctors Creek
*136
*137Swift Creek
At Woolridge Road (SR-668)
None
*182
Unincorporated Areas of Chesterfield County.At the Powhatan County boundary
None
*227Swift Creek Reservoir
Between Swift Creek Reservoir Dam and Woolridge Road (SR-668)
None
*182
Unincorporated Areas of Chesterfield County.Between Genito Road and the confluence with Little Tomahawk Creek and Tomahawk Creek
None
*184Tomahawk Creek
At the confluence with the Swift Creek Reservoir
*183
*184
Unincorporated Areas of Chesterfield County.Approximately 1,500 feet upstream of the confluence with the Swift Creek Reservoir
*183
*184Turkey Creek
At the confluence with Swift Creek
None
*194
Unincorporated Areas of Chesterfield County.( print page 29258)Approximately 1.7 miles upstream of Mount Herman Road (SR-606)
None
*258Winterpock Creek
At the confluence with Lake Chesdin
None
*163
Unincorporated Areas of Chesterfield County.Approximately 450 feet upstream of Beach Road (SR-655)
None
*241* 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 Chesterfield County**Maps are available for inspection at 9800 Government Center Parkway, Chesterfield, VA 23832.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: May 5, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-12481 Filed 5-24-10; 8:45 am] BILLING CODE 9110-12-P