29264 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 11, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–12486 Filed 5–24–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1112] 

Proposed Flood Elevation 

Determinations 

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–1112, 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 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 [Amended] 

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 affected 

Effective Modified 

Carter County, Kentucky, and Incorporated Areas 

Barrett Creek (Backwater 

from Little Sandy River).

From the confluence with the Little Sandy River to approximately 0.5 mile upstream of Eagle Drive.None +581 Unincorporated Areas of 

Carter County. 

Bens Run (Backwater from 

Tygarts Creek).

From the confluence with Tygarts Creek to approximately 0.6 mile upstream of the confluence with 

Tygarts Creek.

None +752 Unincorporated Areas of 

Carter County. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29265 

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 affected 

Effective Modified 

Big Sinking Creek (Backwater from Little Sandy 

River).

From the confluence with the Little Sandy River to approximately 0.5 mile upstream of the confluence 

with the Little Sandy River.

None +610 Unincorporated Areas of 

Carter County. 

Davy Run (Backwater from 

Little Fork Little Sandy 

River).

From the confluence with Little Fork Little Sandy 

River to approximately 0.6 mile upstream of the 

confluence with Little Fork Little Sandy River.

None +613 Unincorporated Areas of 

Carter County. 

Dry Branch (Backwater from 

Tygarts Creek).

From the confluence with Tygarts Creek to just downstream of U.S. Route 60.None +804 Unincorporated Areas of 

Carter County. 

Fourmile Creek (Backwater 

from Little Sandy River).

From the confluence with the Little Sandy River to approximately 400 feet upstream of Glory Lane.None +604 Unincorporated Areas of 

Carter County. 

Huff Run (Backwater from 

Little Fork Little Sandy 

River).

From the confluence with Little Fork Little Sandy 

River to approximately 0.7 mile upstream of the 

confluence with Little Fork Little Sandy River.

None +616 Unincorporated Areas of 

Carter County. 

Johns Run (Backwater from 

Little Fork Little Sandy 

River).

From the confluence with Little Fork Little Sandy 

River to approximately 0.6 mile upstream of the 

confluence with Little Fork Little Sandy River.

None +623 Unincorporated Areas of 

Carter County. 

Lost Creek (Backwater from 

Dry Fork).

From the confluence with Dry Fork to approximately 

0.5 mile downstream of Eddie Dean Road.

None +632 Unincorporated Areas of 

Carter County. 

Straight Creek (Backwater 

from Little Fork Little 

Sandy River).

From the confluence with Little Fork Little Sandy 

River to approximately 1,750 feet downstream of 

Mount Savage Lane.

None +609 Unincorporated Areas of 

Carter County. 

Wolf Creek (Backwater from 

Little Sandy River).

From the confluence with the Little Sandy River to approximately 0.6 mile upstream of the confluence 

with the Little Sandy River.

None +603 Unincorporated Areas of 

Carter County. 

* 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 Carter County 

Maps are available for inspection at 300 West Main Street, Grayson, KY 41143. 

Butler County, Nebraska, and Incorporated Areas 

Platte River ........................... Approximately 100 feet downstream of the Saunders 

County boundary.

None +1,309 Unincorporated Areas of 

Butler County. 

Approximately 575 feet downstream of the Polk 

County boundary.

None +1,442 

* 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 Butler County 

Maps are available for inspection at 451 North 5th Street, David City, NE 68632. 

Otoe County, Nebraska, and Incorporated Areas 

Missouri River ....................... At easternmost tip of the Otoe County limits ............... +913 +914 City of Nebraska City, Unincorporated Areas of 

Otoe County. 

At Nebraska Highway 2/Burlington Northern Railroad +930 +931 

At Everett Lane extended ............................................. +940 +943 

* National Geodetic Vertical Datum. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

29266 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 

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 affected 

Effective Modified 

+ 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 Nebraska City 

Maps are available for inspection at 1409 Central Avenue, Nebraska City, NE 68410. 

Unincorporated Areas of Otoe County 

Maps are available for inspection at the Otoe County Courthouse, 1021 Central Avenue, Nebraska City, NE 68410. 

Rio Arriba County, New Mexico, and Incorporated Areas 

Llano Ditch Tributary ............. Just downstream of McCurdy Road Northwest ........... None +5,655 Unincorporated Areas of 

Rio Arriba County, 

Pueblo of Ohkay 

Owingeh. 

Just upstream of Simmons Lane ................................. None +5,705 

* 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 

Pueblo of Ohkay Owingeh 

Maps are available for inspection at the Governor’s Office, 1 Kee Road, Espanola, NM 87532. 

Unincorporated Areas of Rio Arriba County 

Maps are available for inspection at the County Clerk’s Office, 1122 Industrial Park Road, Espanola, NM 87532. 

Wake County, North Carolina, and Incorporated Areas 

Basin 10, Stream 13 ............. At the confluence with Basin 10, Stream 14 ................ +277 +276 Unincorporated Areas of 

Wake County. 

Approximately 1,400 feet upstream of the confluence 

with Basin 10, Stream 14.

+277 +276 

Basin 10, Stream 14 ............. Approximately 0.5 mile upstream of the confluence 

with the Little River.

+269 +268 Unincorporated Areas of 

Wake County. 

At the Wake County boundary ..................................... +306 +307 

Horse Creek Tributary 1 ....... At the downstream side of Keighley Forest Drive ....... None +341 Unincorporated Areas of 

Wake County. 

Approximately 850 feet upstream of Keighley Forest 

Drive.

None +345 

Richland Creek ..................... Approximately 850 feet upstream of the confluence 

with Richland Creek Tributary 2.

+302 +301 Town of Wake Forest. 

Approximately 500 feet downstream of the confluence 

with Hattles Branch.

+312 +315 

Richland Creek Tributary 2 ... Approximately 750 feet upstream of the confluence 

with Richland Creek.

None +301 Town of Wake Forest. 

Approximately 0.4 mile upstream of the confluence 

with Richland Creek.

None +317 

* 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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29267 

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 affected 

Effective Modified 

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 Wake Forest 

Maps are available for inspection at the Planning Department, 401 Elm Street, Wake Forest, NC 27587. 

Unincorporated Areas of Wake County 

Maps are available for inspection at the Wake County Office Building, Environmental Services, 1st Floor, 337 Salisbury Street, Raleigh, NC 

27601. 

Wagoner County, Oklahoma, and Incorporated Areas 

Adams Creek ........................ Approximately 717 feet downstream of the confluence 

with School Creek.

None +600 Town of Fair Oaks. 

Approximately 0.61 mile upstream of the confluence 

with School Creek.

None +605 

Salt Creek ............................. Approximately 0.60 mile downstream of 305th Avenue None +557 Town of Fair Oaks. 

Approximately 365 feet upstream of 257th Avenue ..... None +607 

Verdigris River ...................... Approximately 245 feet downstream of 72nd Street .... None +516 Town of Okay. 

Approximately 0.45 mile upstream of 72nd Street ....... None +516 

* 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 

Town of Fair Oaks 

Maps are available for inspection at the Office of the County Commissioner, 219 South Missouri Street, Claremore, OK 74017. 

Town of Okay 

Maps are available for inspection at the Office of the County Commissioner, 306 East Cherokee Street, Wagoner, OK 74107. 

Erath County, Texas, and Incorporated Areas 

North Bosque River .............. Just upstream of East Lingleville Road ........................ None +1,265 Unincorporated Areas of 

Erath County. 

Approximately 0.5 mile upstream of State Highway 

108.

None +1,276 

* 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 Erath County 

Maps are available for inspection at the Erath County Courthouse, 100 West Washington, Stephenville, TX 76401. 

Limestone County, Texas, and Incorporated Areas 

Salt River .............................. Just upstream of State Highway 14 ............................. None +473 Unincorporated Areas of 

Limestone County. 

Approximately 0.66 mile upstream of State Highway 

14.

None +483 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

29268 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 

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 affected 

Effective Modified 

** 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 Limestone County 

Maps are available for inspection at the Limestone County Courthouse, 200 West State Street, Groesbeck, TX 76642. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance’’) 

Dated: May 11, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–12490 Filed 5–24–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1115] 

Proposed Flood Elevation 

Determinations 

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–1115, 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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS