[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Proposed Rules]
[Pages 31368-31373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13267]


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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-1117]


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 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-1117, 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#90fbf5e6f9febefcfffef7d0f4f8e3bef7ffe6"><span class="__cf_email__" data-cfemail="650e00130c0b4b090a0b0225010d164b020a13">[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#bfd4dac9d6d191d3d0d1d8ffdbd7cc91d8d0c9"><span class="__cf_email__" data-cfemail="aec5cbd8c7c080c2c1c0c9eecac6dd80c9c1d8">[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 
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.


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>
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                             elevation            Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Santa Cruz County, Arizona, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ephraim Canyon Wash.................  At the confluence with         +3806        +3810  City of Nogales.
                                       Nogales Wash.
                                      Approximately 1,900            +3897        +3899
                                       feet downstream of I-
                                       19.
Mariposa Canyon.....................  At the confluence with         +3740        +3746  City of Nogales,
                                       Nogales Wash.                                      Unincorporated Areas
                                                                                          of Santa Cruz County.

[[Page 31369]]

 
                                      Approximately 1.3 mile          None        +3965
                                       upstream of SR 189.
Nogales Wash........................  Approximately 1,300            +3647        +3644  City of Nogales,
                                       feet upstream of Old                               Unincorporated Areas
                                       Tucson Road.                                       of Santa Cruz County.
                                      Approximately 100 feet         +3873        +3872
                                       upstream of West
                                       International Street.
Potrero Creek.......................  At the confluence with         +3650        +3646  City of Nogales.
                                       Al Harrison Wash.
                                      Approximately 0.7 mile         +3725        +3726
                                       upstream of West
                                       Meadow Hills 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
 
City of Nogales
Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621.
 
                                    Unincorporated Areas of Santa Cruz County
Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621.
----------------------------------------------------------------------------------------------------------------
                                 Boyle County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Balls Branch (Backwater effects from  From the confluence             None         +875  Unincorporated Areas of
 Clarks Run) Clarks Run.               with Clarks Run to                                 Boyle County.
                                       approximately 0.7 mile
                                       upstream of the
                                       confluence with Clarks
                                       Run.
                                      At approximately 1.2            None         +849  City of Danville,
                                       miles upstream of                                  Unincorporated Areas
                                       Goggin Road.                                       of Boyle County.
                                      At approximately 0.6            None         +965
                                       mile downstream of
                                       Alum Springs Cross
                                       Pike.
Dix River Tributary 2 (Backwater      From the confluence             None         +760  Unincorporated Areas of
 effects from Herrington Lake)         with Herrington Lake                               Boyle County.
 Herrington Lake.                      to approximately 1,158
                                       feet upstream of the
                                       confluence with
                                       Herrington Lake.
                                      Entire shoreline.......         None         +760  Unincorporated Areas of
                                                                                          Boyle County.
Spears Creek........................  At approximately 0.6            None         +788  City of Danville,
                                       mile upstream of the                               Unincorporated Areas
                                       confluence with                                    of Boyle County.
                                       Herrington Lake.
                                      At approximately 780            None         +919
                                       feet upstream of the
                                       North Danville Bypass.
----------------------------------------------------------------------------------------------------------------
* 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 Danville
 
Maps are available for inspection at City Hall, 455 West Main Street, Danville, KY 40422.
 
                                      Unincorporated Areas of Boyle County
Maps are available for inspection at the Boyle County Courthouse, 321 West Main Street, Danville, KY 40422.
----------------------------------------------------------------------------------------------------------------

[[Page 31370]]

 
                                 Logan County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Proctor Branch......................  Approximately 400 feet          None         +525  City of Russellville,
                                       upstream of Bismarck                               Unincorporated Areas
                                       Lane.                                              of Logan County.
                                      Approximately 0.3 mile          None         +599
                                       upstream of the
                                       confluence with
                                       Proctor Branch
                                       Tributary A.
Proctor Branch Tributary A..........  Just upstream of the            None         +585  City of Russellville.
                                       confluence with
                                       Proctor Branch.
                                      Approximately 1,100             None         +601
                                       feet upstream of the
                                       confluence with
                                       Proctor Branch.
Proctor Branch Tributary B..........  At the confluence with          None         +579  City of Russellville,
                                       Proctor Branch.                                    Unincorporated Areas
                                                                                          of Logan County.
                                      Approximately 200 feet          None         +592
                                       downstream of Hi-View
                                       Drive.
Town Branch.........................  Approximately 800 feet          None         +517  City of Russellville,
                                       downstream of Concord                              Unincorporated Areas
                                       Road.                                              of Logan County.
                                      Just downstream of              None         +563
                                       Newton Road.
                                      Just upstream of West           None         +621
                                       9th Street (U.S. Route
                                       431).
                                      Approximately 1,900             None         +623
                                       feet upstream of West
                                       9th Street (U.S. Route
                                       431).
Town Branch Tributary D.............  Approximately 350 feet          None         +607  Unincorporated Areas of
                                       upstream of the                                    Logan County.
                                       confluence with Town
                                       Branch Tributary E.
                                      Approximately 700 feet          None         +643
                                       upstream of Warren
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+thnsp;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 Russellville
Maps are available for inspection at 168 South Main Street, Russellville, KY 42276.
 
                                      Unincorporated Areas of Logan County
Maps are available for inspection at 299 West 3rd Street, Russellville, KY 42276.
----------------------------------------------------------------------------------------------------------------
                                Woodford County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brushy Run (Backwater effects from    From the confluence             None         +542  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       0.4 mile upstream of
                                       the confluence with
                                       the Kentucky River.
Bucks Run (Backwater effects from     From the confluence             None         +519  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       125 feet downstream of
                                       Buck Run Road.
Clear Creek (Backwater effects from   From the confluence             None         +531  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       2.5 miles upstream of
                                       the confluence with
                                       the Kentucky River.
Craig Creek (Backwater effects from   From the confluence             None         +527  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       1,220 feet upstream of
                                       Gun Club Road.
Glenns Creek (Backwater effects from  From the confluence             +511         +513  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       1.2 mile upstream of
                                       the confluence with
                                       the Kentucky River.
Grier Creek (Backwater effects from   From the confluence             None         +524  Unincorporated Areas of
 Kentucky River).                      with the Kentucky                                  Woodford County.
                                       River to approximately
                                       200 feet downstream of
                                       Shryocks Ferry Road.
Kentucky River......................  Approximately 2.3 miles         +508         +514  Unincorporated Areas of
                                       downstream of Kentucky                             Woodford County.
                                       River Tributary 92.
                                      Approximately 5.0 miles         +545         +547
                                       upstream of Kentucky
                                       River Tributary 5.

[[Page 31371]]

 
Kentucky River Tributary 5            From the confluence             None         +543  Unincorporated Areas of
 (Backwater effects from Kentucky      with the Kentucky                                  Woodford County.
 River).                               River to approximately
                                       950 feet upstream of
                                       the confluence with
                                       the Kentucky River.
Kentucky River Tributary 84           From the confluence             None         +539  Unincorporated Areas of
 (Backwater effects from Kentucky      with the Kentucky                                  Woodford County.
 River).                               River to approximately
                                       510 feet upstream of
                                       the confluence with
                                       the Kentucky River.
Kentucky River Tributary 92           From the confluence             None         +515  Unincorporated Areas of
 (Backwater effects from Kentucky      with the Kentucky                                  Woodford County.
 River).                               River to approximately
                                       1,770 feet upstream of
                                       the confluence with
                                       the Kentucky River.
Lee Branch..........................  Just upstream of                +778         +780  City of Midway,
                                       Leestown Pike.                                     Unincorporated Areas
                                                                                          of Woodford County.
                                      At approximately 860            None         +827
                                       feet upstream of Old
                                       Frankfort Pike.
Lee Branch Tributary 4 (Backwater     From the confluence             None         +810  Unincorporated Areas of
 effects from Lee Branch).             with Lee Branch to                                 Woodford County.
                                       approximately 720 feet
                                       upstream of the
                                       confluence with Lee
                                       Branch.
Lee Branch Tributary 6 (Backwater     From the confluence             None         +802  City of Midway,
 effects from Lee Branch).             with Lee Branch to                                 Unincorporated Areas
                                       approximately 1,145                                of Woodford County.
                                       feet upstream of the
                                       confluence with Lee
                                       Branch.
Lee Branch Tributary 7 (Backwater     From the confluence             None         +802  City of Midway,
 effects from Lee Branch).             with Lee Branch to                                 Unincorporated Areas
                                       approximately 351 feet                             of Woodford County.
                                       upstream of Midway
                                       College Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Midway
Maps are available for inspection at City Hall, 101 East Main Street, Midway, KY 40347.
 
                                     Unincorporated Areas of Woodford County
Maps are available for inspection at the Woodford County Courthouse, 103 South Main Street, Versailles, KY
 40383.
----------------------------------------------------------------------------------------------------------------
                               Marion County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Pearl River.........................  Approximately 5.5 miles         +136         +134  City of Columbia,
                                       downstream of State                                Unincorporated Areas
                                       Highway 98.                                        of Marion County.
                                      Approximately 5 miles           +156         +154
                                       upstream of State
                                       Highway 35.
----------------------------------------------------------------------------------------------------------------
* 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 Columbia
Maps are available for inspection at 201 2nd Street, Columbia, MS 39429.
 
                                      Unincorporated Areas of Marion County
Maps are available for inspection at 250 Broad Street, Columbia, MS 39429.
----------------------------------------------------------------------------------------------------------------
                               Yellowstone County, Montana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cove Creek..........................  Approximately 200 feet         +3373        +3375  City of Billings,
                                       upstream of Rimrock                                Unincorporated Areas
                                       Road.                                              of Yellowstone County.

[[Page 31372]]

 
                                      Approximately 270 feet         +3572        +3571
                                       downstream of Molt
                                       Road.
Cove Creek East Overflow............  Approximately 25 feet           None        +3370  City of Billings,
                                       upstream of Rimrock                                Unincorporated Areas
                                       Road.                                              of Yellowstone County.
                                      Approximately 1,700             None        +3382
                                       feet upstream of
                                       Rimrock Road.
Fivemile Creek......................  Downstream of Old               None        +3085  City of Billings,
                                       Fivemile Creek Road.                               Unincorporated Areas
                                                                                          of Yellowstone County.
                                      Approximately 55 feet           None        +3225
                                       downstream of
                                       Alexander Road.
Yellowstone River...................  Approximately 150 feet          None        +2728  City of Billings,
                                       upstream of                                        Unincorporated Areas
                                       Musselshell Trail Road.                            of Yellowstone County.
                                      Approximately 545              +3273        +3274
                                       upstream of U.S. Route
                                       212 South.
----------------------------------------------------------------------------------------------------------------
* 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 Billings
Maps are available for inspection at 510 North Broadway, 4th Floor, Billings, MT 59101.
 
                                   Unincorporated Areas of Yellowstone County
Maps are available for inspection at 217 North 27th Street, Billings, MT 59101.
----------------------------------------------------------------------------------------------------------------
                                           Arlington County, Virginia
----------------------------------------------------------------------------------------------------------------
Four Mile Run.......................  At the confluence with          None          +10  Arlington County.
                                       the Potomac River.
                                      Just downstream of              None          +11
                                       Jefferson Davis
                                       Memorial Highway (U.S.
                                       Route 1).
Pimmit Run (Backwater effects from    From the confluence             None          +40  Arlington County.
 Potomac River).                       with the Potomac River
                                       to a point located
                                       approximately 112 feet
                                       downstream of Chain
                                       Bridge Road.
Potomac River.......................  At the confluence with          None          +10  Arlington County.
                                       Four Mile Run.
                                      Approximately 0.39 mile         None          +41
                                       upstream of Chain
                                       Bridge Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
Arlington County
Maps are available for inspection at the Arlington County Government Building, 2100 Clarendon Boulevard,
 Arlington, VA 22021.
----------------------------------------------------------------------------------------------------------------



[[Page 31373]]

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

    Dated: May 14, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-13267 Filed 6-2-10; 8:45 am]
BILLING CODE 9110-12-P


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