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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-1109]
 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-1109, 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: 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**Franklin Parish, Louisiana, and Incorporated Areas**Ash Slough
Just upstream of Riser Road
None
+69
Unincorporated Areas of Franklin Parish.Approximately 700 feet downstream of Wyman Road
None
+70Batey Bayou
Just downstream of Kansas Street
None
+65
Town of Wisner, Unincorporated Areas of Franklin Parish.Approximately 800 feet upstream of State Highway 15
None
+72Cypress Slough
Just upstream of Kansas Street
None
+65
Unincorporated Areas of Franklin Parish.Just downstream of Maple Street
None
+73Turkey Creek
Approximately 500 feet upstream of Highway 3201
None
+64
Unincorporated Areas of Franklin Parish.Approximately 0.5 mile upstream of Alice Shaw Road
None
+69* 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 Wisner**Maps are available for inspection at the Town Hall, 9530 Natchez Street, Wisner, LA 71378.**Unincorporated Areas of Franklin Parish.**Maps are available for inspection at the Franklin Parish Police Jury, 6558 Main Street, Winnsboro, LA 71295.**Madison Parish, Louisiana, and Incorporated Areas**Bayou Macon
Just upstream of Atkins Road
None
+75
Unincorporated Areas of Madison Parish.Just downstream of Bryant Road
None
+79* 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 Madison Parish**Maps are available for inspection at Madison Parish Police Jury, 100 North Cedar Street, Tallulah, LA 71282.( print page 31379)**Gallatin County, Montana, and Incorporated Areas**Bridger Creek
Approximately 1.0 mile downstream of Story Mill Road
+4687
+4688
City of Bozeman.Just downstream of Story Mill Road
+4730
+4731Buster Gulch
Approximately 0.9 mile upstream of Airport Road
+4478
+4480
Unincorporated Areas of Gallatin County.Approximately 4.2 miles upstream of Airport Road
None
+4568East Gallatin River
Just downstream of Airport Road
+4461
+4463
City of Bozeman, Unincorporated Areas of Gallatin County.Approximately 2.1 miles downstream of Story Hill Road
+4789
+4791East Gallatin River Golf Course Reach
Just upstream of the confluence with East Gallatin River Springhill Reach
None
+4604
City of Bozeman.Approximately 0.5 mile upstream of the confluence with East Gallatin River Springhill Reach
None
+4617East Gallatin River Overflow Reach
Approximately 1,300 feet downstream of Springhill Road
None
+4596
City of Bozeman, Unincorporated Areas of Gallatin County.Approximately 2.6 miles upstream of Springhill Road
None
+4674East Gallatin River Spillway Reach
Just upstream of the confluence with East Gallatin River Overflow Reach
None
+4591
City of Bozeman.Approximately 0.5 mile upstream of the confluence with East Gallatin River Overflow Reach
None
+4603East Gallatin River Springhill Reach
Just upstream of the confluence with the East Gallatin River
None
+4594
City of Bozeman.Just downstream of the confluence with East Gallatin River Golf Course Reach
None
+4604Jefferson River
Approximately 0.6 mile downstream of Old Town Road
+4058
+4061
Unincorporated Areas of Gallatin County.Approximately 120 feet upstream of Frontage Road
+4088
+4090Madison River
Approximately 0.8 mile downstream of Frontage Road
+4054
+4058
Unincorporated Areas of Gallatin County.Approximately 1.2 mile upstream of I-90
+4081
+4083* 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 Bozeman**Maps are available for inspection at 411 East Main Street, Bozeman, MT 59771.**Unincorporated Areas of Gallatin County**Maps are available for inspection at 311 West Main Street, Bozeman, MT 59771.( print page 31380)**Lincoln County, New Mexico, and Incorporated Areas**Brady Canyon
At the confluence with the Rio Ruidoso
+6744
+6746
Unincorporated Areas of Lincoln County, Village of Ruidoso.Approximately 1,100 feet upstream of Ash Drive
None
+6948Carrizo Creek
At the confluence with the Rio Ruidoso
+6552
+6553
Unincorporated Areas of Lincoln County, Village of Ruidoso.Just upstream of Carrizo Canyon Road
+6749
+6751Cedar Creek
At the confluence with the Rio Ruidoso
+6530
+6534
Unincorporated Areas of Lincoln County, Village of Ruidoso.Approximately 500 feet upstream of Musket Ball Drive
None
+7160Cherokee Bill Canyon
At the confluence with the Rio Ruidoso
+6445
+6446
Unincorporated Areas of Lincoln County, Village of Ruidoso.Approximately 1,800 feet upstream of Dunagan Trail
+6690
+6693Musketball Creek
Just upstream of Cedar Creek Drive
None
+7150
Unincorporated Areas of Lincoln County.Approximately 285 feet upstream of Musketball Drive
None
+7216North Fork Cedar Creek
Approximately 1,750 feet downstream of Spring Canyon Road
None
+7160
Unincorporated Areas of Lincoln County.Just downstream of Watson Road
None
+7302Rio Bonito
Approximately 650 feet downstream of State Highway 48
None
+6845
Unincorporated Areas of Lincoln County.Just downstream of the Bonito Lake Dam
None
+7318Rio Ruidoso
Approximately 1.0 mile downstream of County Road 17
None
+5188
Unincorporated Areas of Lincoln County, Village of Ruidoso, Village of Ruidoso Downs.Approximately 800 feet upstream of Malone Road
+7167
+7168Salado Creek
Approximately 320 feet upstream of U.S. Route 380
None
+6382
Unincorporated Areas of Lincoln County, Village of Capitan.Approximately 110 feet upstream of Dean Drive
None
+6484South Fork Cedar Creek
Approximately 480 feet downstream of Chuck Wagon Road
None
+7160
Unincorporated Areas of Lincoln County.Approximately 330 feet upstream of Jarratt Drive
None
+7233* 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.( print page 31381)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 Lincoln County**Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM 88345.**Village of Capitan**Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM 88345.**Village of Ruidoso**Maps are available for inspection at 313 Cree Meadows Drive, Ruidoso, NM 88345.**Village of Ruidoso Downs**Maps are available for inspection at the Planning and Zoning Department, 313 Cree Meadows Drive, Ruidoso, NM 88345.**Fairfield County, Ohio, and Incorporated Areas**Baltimore Tributary
At the confluence with Pawpaw Creek
None
+847
Unincorporated Areas of Fairfield County, Village of Baltimore.Approximately 0.41 mile downstream of Roley Road
None
+860Buckeye Lake
Entire shoreline
None
+893
Unincorporated Areas of Fairfield County, Village of Millersport.Clark Run
At the confluence with Rush Creek
+807
+804
Unincorporated Areas of Fairfield County.Approximately 586 feet upstream of the confluence with Rush Creek
+807
+805Claypool Run
At the confluence with the Ohio Canal
+839
+838
Unincorporated Areas of Fairfield County.Approximately 200 feet downstream of Brook Road
None
+909Crumley Creek
At the confluence with Hunters Run
+908
+905
Unincorporated Areas of Fairfield County.Approximately 850 feet upstream of the confluence with Hunters Run
+908
+914Georges Creek
Approximately 1,588 feet downstream of Conrail Railroad
+800
+798
City of Pickerington.At the upstream side of Pickerington Ridge Road
None
+815Greenfield Creek
At the confluence with the Ohio Canal
+833
+830
Unincorporated Areas of Fairfield County.Approximately 1,400 upstream of Coonpath Road
None
+898Greenfield Creek Escape
At the confluence with Claypool Run
+840
+839
Unincorporated Areas of Fairfield County.Approximately 2,000 feet downstream of Election House Road
+858
+854Greenfield Creek Split
At the confluence with Greenfield Creek
None
+865
Unincorporated Areas of Fairfield County.Approximately 2,000 feet upstream of the confluence with Greenfield Creek
None
+872Hocking River
Approximately 100 feet downstream of Sugar Grove Road
+807
+808
City of Lancaster, Unincorporated Areas of Fairfield County.Approximately 650 feet upstream of the confluence with Wilson Creek
None
+886( print page 31382)Hocking River Lateral D
At the confluence with the Hocking River
+830
+826
City of Lancaster.Approximately 125 feet downstream of Collins Road
+834
+830Hunters Run
At the confluence with the Hocking River
+819
+815
City of Lancaster, Unincorporated Areas of Fairfield County.Approximately 250 feet downstream of Mt. Zion Road
None
+967Ohio Canal
At the confluence with the Hocking River
+831
+825
City of Lancaster, Unincorporated Areas of Fairfield County.At the confluence with Ohio Canal Lateral A
+841
+844Ohio Canal Lateral A
At the confluence with the Ohio Canal
+841
+844
Unincorporated Areas of Fairfield County.Approximately 705 feet downstream of U.S. Route 33
+846
+848Pawpaw Creek
At the confluence with Walnut Creek
None
+844
Unincorporated Areas of Fairfield County, Village of Baltimore.Approximately 1,169 feet upstream of North Main Street
None
+868Rush Creek
Approximately 0.8 mile downstream of the confluence with Clark Run
+802
+800
Unincorporated Areas of Fairfield County.Approximately 283 feet upstream of the confluence with Clark Run
+807
+803South Fork Licking River
At the upstream side of Walnut Road at the west crossing of the South Fork Licking River
+890
+886
Unincorporated Areas of Fairfield County.At the upstream side of Walnut Road at the east crossing of the South Fork Licking River
+885
+892Stonewall Creek
At the confluence with Hunters Run
+861
+860
Unincorporated Areas of Fairfield County.Approximately 0.46 mile upstream of U.S. Route 22
None
+899Sycamore Creek
At the confluence with Walnut Creek
+772
+773
City of Pickerington, Unincorporated Areas of Fairfield County.Approximately 505 feet upstream of DeCarlo Lane
None
+1019Tributary B
At the upstream side of Paradise Road
None
+791
Unincorporated Areas of Fairfield County.Approximately 956 feet upstream of Paradise Road
None
+791Unnamed Tributary to Sycamore Creek
At the confluence with Sycamore Creek
+840
+841
City of Pickerington, Unincorporated Areas of Fairfield County.Approximately 0.44 mile upstream of Doty Road
None
+881Unnamed Tributary to Walnut Creek (Backwater effects from Walnut Creek)
At the confluence with Walnut Creek
None
+867
Unincorporated Areas of Fairfield County, Village of Thurston.Approximately 1,240 feet upstream of the confluence with Walnut Creek
None
+867( print page 31383)Willow Run
At the confluence with Sycamore Creek
+815
+816
City of Pickerington, Unincorporated Areas of Fairfield County.Approximately 250 feet downstream of Refugee Road
None
+918Wilson Creek
At the confluence with the Hocking River
None
+884
Unincorporated Areas of Fairfield County.Approximately 200 feet downstream of Mt. Zion Road
None
+903* 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 Lancaster**Maps are available for inspection at 121 East Chestnut Street, Lancaster, OH 43130.**City of Pickerington**Maps are available for inspection at 100 Lockville Road, Pickerington, OH 43147.**Unincorporated Areas of Fairfield County**Maps are available for inspection at 210 East Main Street, Lancaster, OH 43130.**Village of Baltimore**Maps are available for inspection at 103 West Market Street, Baltimore, OH 42105.**Village of Millersport**Maps are available for inspection at 2245 Refugee Street, Millersport, OH 43046.**Village of Thurston**Maps are available for inspection at 2215 Main Street, Thurston, OH 43157.
 (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. 2010-13269 Filed 6-2-10; 8:45 am] BILLING CODE 9110-12-P