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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-1108]
 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 September 1, 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-1108, 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 
                    ( print page 31362)
                    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: 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**Leake County, Mississippi, and Incorporated Areas**Pearl River
Approximately 1.0 mile downstream of State Highway 35
None
+341
City of Carthage.Approximately 1.0 mile upstream of State Highway 35
None
+343Tuscolameta Creek
Approximately 555 feet downstream of State Highway 35
None
+356
Town of Walnut Grove.Approximately 0.5 mile upstream of State Highway 35
None
+357* 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 Carthage**Maps are available for inspection at City Hall, 212 West Main Street, Carthage, MS 39051.**Town of Walnut Grove**Maps are available for inspection at the Town Hall, 139 Main Street, Walnut Grove, MS 38189.**Stone County, Mississippi, and Incorporated Areas**Church House Branch
Approximately 0.5 mile downstream of East 5th Avenue
None
+211
City of Wiggins.Approximately 385 feet upstream of East Borders Avenue
None
+245Flint Creek
Approximately 574 feet downstream of Clubhouse Drive
None
+171
City of Wiggins, Unincorporated Areas of Stone County.Approximately 1,290 feet upstream of State Highway 29
None
+187Flint Creek Tributary 2
At the confluence with Flint Creek
None
+174
City of Wiggins.Approximately 350 feet upstream of Annis Lane
None
+254Four Mile Creek
Approximately 1 mile downstream of South Azalea Drive
None
+168
City of Wiggins, Unincorporated Areas of Stone County.Approximately 345 feet upstream of West Miles Avenue
None
+261Four Mile Creek Tributary 1
At the confluence with Four Mile Creek
None
+214
City of Wiggins.( print page 31363)Approximately 1,845 feet upstream of West Bond Avenue
None
+261Red Creek Tributary
Approximately 0.5 mile downstream of Mill Avenue
None
+166
City of Wiggins, Unincorporated Areas of Stone County.Approximately 1,345 feet upstream of State Highway 29
None
+220* 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 Wiggins**Maps are available for inspection at City Hall, 117 North 1st Street, Wiggins, MS 39577.**Unincorporated Areas of Stone County**Maps are available for inspection at the Stone County Courthouse, 323 East Cavers Street, Wiggins, MS 39577.**Franklin County, Missouri, and Incorporated Areas**Birch Creek
Approximately 0.4 mile downstream of Denmark Road
None
+499
City of Union, Unincorporated Areas of Franklin County.Approximately 440 feet downstream of Prairie Dell Road
None
+543Bourbeuse River Tributary
Approximately 0.6 mile upstream of the confluence with the Bourbeuse River
None
+500
City of Union, Unincorporated Areas of Franklin County.Just downstream of Prairie Dell Road
None
+550Busch Creek
At the confluence with Dubois Creek
+486
+491
City of Washington, Unincorporated Areas of Franklin County.Approximately 460 feet upstream of Schroeder Lane
None
+582Dubois Creek
Approximately 1,688 feet downstream of the confluence with Busch Creek
+486
+491
City of Washington, Unincorporated Areas of Franklin County.Just downstream of State Highway 100
+486
+491Fiddle Creek
Approximately 165 feet downstream of Labadie Bottom Road
+479
+483
Unincorporated Areas of Franklin County.Approximately 0.8 mile upstream of County Highway T
+482
+483Labadie Creek
At the confluence with the Missouri River
+481
+485
Unincorporated Areas of Franklin County.Approximately 0.5 mile downstream of County Highway T
+485
+486Little Tavern Creek
Approximately 1.0 mile downstream of County Highway T
+478
+480
Unincorporated Areas of Franklin County.Approximately 0.5 mile downstream of County Highway T
+478
+480Missouri River
Approximately 3.3 miles downstream of the confluence with Fiddle Creek
+474
+476
City of Berger, City of New Haven, City of Washington, Unincorporated Areas of Franklin County.Approximately 0.6 mile downstream of the confluence with Little Berger Creek
+514
+516Saint Johns Creek
Approximately 1.2 mile downstream of West Link Drive
+494
+495
City of Washington, Unincorporated Areas of Franklin County.Approximately 1,475 feet downstream of State Highway 100
+494
+495( print page 31364)South Branch Busch Creek
At the confluence with Busch Creek
+486
+491
City of Washington, Unincorporated Areas of Franklin County.Approximately 0.8 mile upstream of State Highway 100
None
+500Southwest Branch Busch Creek
At the confluence with Busch Creek
+486
+493
City of Washington, Unincorporated Areas of Franklin County.Approximately 0.5 mile upstream of State Highway 47
+513
+514Unnamed Tributary to Busch Creek
At the confluence with Busch Creek
None
+537
City of Washington, Unincorporated Areas of Franklin County.Approximately 1,520 feet upstream of State Highway 100
None
+552* 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 Berger**Maps are available for inspection at 405 Rosalie Avenue, Berger, MO 63014.**City of New Haven**Maps are available for inspection at 101 Front Street, New Haven, MO 63068.**City of Union**Maps are available for inspection at 500 East Locust Street, Union, MO 63084.**City of Washington**Maps are available for inspection at 405 Jefferson Street, Washington, MO 63090.**Unincorporated Areas of Franklin County**Maps are available for inspection at 8 North Church Street, Suite B, Union, MO 63084.**Tillamook County, Oregon, and Incorporated Areas**Dougherty Slough
At the confluence with Hoquarten Slough
+14
+16
City of Tillamook, Unincorporated Areas of Tillamook County.At the divergence from the Wilson River
+31
+33Goodspeed Road Storage Area
Approximately 2,000 feet west along Sissek Road from Goodspeed Road
None
+14
Unincorporated Areas of Tillamook County.Hall Slough
At the confluence with the Wilson River
None
+14
City of Tillamook, Unincorporated Areas of Tillamook County.Approximately 0.64 mile upstream of U.S. Route 101
None
+20Hall Slough Left Bank Overflow
At the confluence with Outlet From Wilson River Loop Storage Area
None
+19
Unincorporated Areas of Tillamook County.At the divergence from Hall Slough
None
+19Hall Slough River Bank Overflow
At the confluence with Makinster Road Storage Area
None
+15
City of Tillamook, Unincorporated Areas of Tillamook County.Approximately 1,450 feet upstream of the Oregon Coast Highway
None
+18Hoquarten Slough
At the confluence with the Trask River
+13
+15
City of Tillamook, Unincorporated Areas of Tillamook County.Approximately 500 feet upstream of the Wilson River Road
None
+27( print page 31365)Hoquarten Slough Left Bank Overflow
At the confluence with Hoquarten Slough
None
+16
City of Tillamook, Unincorporated Areas of Tillamook County.At the divergence from Hoquarten Slough
None
+16Hoquarten Slough Left Bank Storage Area
Approximately 1,300 feet west of the intersection of 1st Street and Birch Avenue
None
+15
City of Tillamook, Unincorporated Areas of Tillamook County.Hoquarten Slough Right Bank Overflow
At the confluence with Hoquarten Slough
None
+16
City of Tillamook, Unincorporated Areas of Tillamook County.At the divergence from Hoquarten Slough
None
+18Kilchis River
Approximately 1,900 feet downstream of U.S. Route 101
None
+14
Unincorporated Areas of Tillamook County.Approximately 1.3 mile upstream of Myrtle Creek
None
+56Kilchis River Left Bank Overflow
At the confluence with the Kilchis River
None
+28
Unincorporated Areas of Tillamook County.Approximately 1,700 feet upstream of Curil Road
None
+29Makinster Road Storage Area
At Makinster Road
None
+15
City of Tillamook, Unincorporated Areas of Tillamook County.Miami River
Just downstream of U.S. Route 101
+12
+14
City of Garibaldi, Unincorporated Areas of Tillamook County.Approximately 1,200 feet upstream of New Miami River Road
+88
+86Miami River Left Bank Overflow Downstream
At the confluence with the Miami River
None
+15
Unincorporated Areas of Tillamook County.Approximately 0.5 mile upstream of the confluence with Illingsworth Creek
None
+22Miami River Left Bank Overflow Upstream
At the confluence with the Miami River
None
+24
Unincorporated Areas of Tillamook County.Approximately 0.53 mile upstream of Moss Creek Road
None
+31Old Trask River
At the confluence with the Tillamook River
None
+15
Unincorporated Areas of Tillamook County.At the divergence from the Trask River
None
+16Old Trask River Overflow Outlet from Goodspeed Storage Area
At the confluence with the Trask River
None
+14
Unincorporated Areas of Tillamook County.At the divergence from Old Trask River
None
+15At the confluence with the Wilson River
None
+14Just downstream of Goodspeed Road
None
+15Outlet from Wilson River Loop Storage
At the confluence with Dougherty Slough
None
+20
Unincorporated Areas of Tillamook County.Approximately 400 feet downstream of Wilson River Loop
None
+25Overflow from Hall Slough Left Bank Overflow
At the confluence with Goodspeed Road Storage Area
None
+14
City of Tillamook, Unincorporated Areas of Tillamook County.Approximately 1,750 feet upstream of the Oregon Coast Highway
None
+18Overflow from Wilson River Right Bank Overflow
At the confluence with the Wilson River
None
+17
Unincorporated Areas of Tillamook County.Approximately 1,400 feet upstream of Boquist Road
None
+18Overflow from Wilson River Split Flow 2
At the confluence with the Tillamook River
None
+14
Unincorporated Areas of Tillamook County.At the divergence from Wilson River Split Flow 2
None
+14Overflow from Wilson River Split Flow 3
Approximately 600 feet downstream of the divergence from Wilson River Split Flow 3
None
+14
Unincorporated Areas of Tillamook County.At the divergence from Wilson River Split Flow 3
None
+14Stasek Slough
Approximately 80 feet downstream of U.S. Route 101
None
+14
Unincorporated Areas of Tillamook County.Approximately 1,500 feet upstream of Alderbrook Road
None
+26Tillamook Left Bank Storage Area
Just south of the intersection of Netars Highway and Abbey Lane
None
+16
Unincorporated Areas of Tillamook County.( print page 31366)Tillamook River
At the confluence with Tillamook Bay
+12
+14
Unincorporated Areas of Tillamook County.Just downstream of Bewley Creek Road
None
+27Tillamook River Left Bank Overflow
At the confluence with the Tillamook River
None
+14
Unincorporated Areas of Tillamook County.At the divergence from the Tillamook River
None
+14Tillamook River Right Bank Overflow
At the confluence with the Tillamook River Road Storage Area
None
+16
Unincorporated Areas of Tillamook County.At the divergence from the Tillamook River
None
+19Tillamook River Road Storage Area
Just south of Matejeck Road
None
+16
Unincorporated Areas of Tillamook County.Trask River
At the confluence with the Tillamook River
+12
+14
City of Tillamook, Unincorporated Areas of Tillamook County.Approximately 600 feet upstream of Cedar Creek
None
+95Trask River Left Bank Overflow 1
At the confluence with Tillamook River Right Bank Overflow
None
+17
Unincorporated Areas of Tillamook County.Just downstream of Blimp Boulevard
None
+29Trask River Left Bank Overflow 2
At the confluence with the Trask River
None
+33
Unincorporated Areas of Tillamook County.Approximately 1,100 feet upstream of Long Prairie Road
None
+38Trask River Right Bank Overflow
At the confluence with the Trask River
None
+16
City of Tillamook, Unincorporated Areas of Tillamook County.Approximately 80 feet upstream of McCormick Loop Road
None
+24Trask River Right Bank Overflow Storage Area
Approximately 600 feet south of the intersection of 12th Street and Marolf Loop Road
None
+24
Unincorporated Areas of Tillamook County.Trask River Right Bank Storage Area
Approximately 2,000 feet northeast along U.S. Route 101 from the intersection of Nelsen Road and U.S. Route 101
None
+24
Unincorporated Areas of Tillamook County.Trask River Split Flow to Tillamook River
At the confluence with the Tillamook River
None
+14
Unincorporated Areas of Tillamook County.At the divergence from the Trask River
None
+14Wilson River
Approximately 0.57 mile upstream of the confluence with Tillamook Bay
+15
+14
City of Tillamook, Unincorporated Areas of Tillamook County.Approximately 1,800 feet upstream of Mills Bridge
+65
+66Wilson River Left Bank Overflow 1
At the confluence with the Wilson River
None
+34
Unincorporated Areas of Tillamook County.At the divergence from the Wilson River
None
+41Wilson River Left Bank Overflow 2
At the confluence with Dougherty Slough
None
+29
Unincorporated Areas of Tillamook County.Approximately 1,700 feet upstream of Donaldson Road
None
+37Wilson River Loop Storage Area
Approximately 1,400 feet south along Wilson Loop Road from Sollie Smith Road
None
+32
Unincorporated Areas of Tillamook County.Wilson River Right Bank Overflow
At the confluence with the Wilson River
None
+19
Unincorporated Areas of Tillamook County.At the divergence from the Wilson River
None
+25Wilson River Right Bank Storage Area
Approximately 650 feet south of the intersection of Aldercrest Road and Sollie Smith Road
None
+33
Unincorporated Areas of Tillamook County.Wilson River Split Flow 1
At the convergence with the Wilson River
None
+14
Unincorporated Areas of Tillamook County.At the divergence from the Wilson River
None
+14Wilson River Split Flow 2
At the confluence with Tillamook Bay
None
+14
Unincorporated Areas of Tillamook County.At the divergence from the Wilson River
None
+15Wilson River Split Flow 2 and 3 Storage Area
Just east of Wilson River Split Flow 2
None
+14
Unincorporated Areas of Tillamook County.Wilson River Split Flow 3
At the confluence with Wilson River Split Flow 2
None
+14
Unincorporated Areas of Tillamook County.At the divergence from the Wilson River
None
+15Wilson River Split Flow to Tillamook River
At the confluence with the Tillamook River
None
+14
Unincorporated Areas of Tillamook County.( print page 31367)At the divergence from the Wilson River
None
+14* 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 Garibaldi**Maps are available for inspection at 107 6th Street, Garibaldi, OR 97118.**City of Tillamook**Maps are available for inspection at 210 Laurel Avenue, Tillamook, OR 97141.**Unincorporated Areas of Tillamook County**Maps are available for inspection at 201 Laurel Avenue, Tillamook, OR 97141.**Marlboro County, South Carolina, and Incorporated Areas**Great Pee Dee River
Approximately 2.8 miles downstream of U.S. Route 1
None
+93
Unincorporated Areas of Marlboro County.Approximately 1.1 mile upstream of the confluence with Marks Creek
None
+110* 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 Marlboro County**Maps are available for inspection at the Marlboro County Courthouse, 105 Main Street, Bennettsville, SC 29512.**Union County, South Carolina, and Incorporated Areas**Broad River
Approximately 10 feet downstream of State Highway 49
None
+367
Township of Lockhart.Approximately 1.1 mile upstream of State Highway 49
None
+412Canal
Approximately 28 feet downstream of State Highway 49
None
+393
Township of Lockhart.Just downstream of the Lockhart Dam
None
+409* 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****Township of Lockhart**Maps are available for inspection at the Town Hall, 118 Mill Street, Lockhart, SC 29364.
 
 
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: May 19, 2010. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-13266 Filed 6-2-10; 8:45 am] BILLING CODE 9110-12-P