Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Proposed Rules 61371 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 21, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2010–24917 Filed 10–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1142] 

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 January 3, 2011. 

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–1142, to Roy E. 

Wright, Deputy Director, Risk Analysis 

Division, Federal Insurance and 

Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Roy 

E. Wright, Deputy Director, Risk 

Analysis Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@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: 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
61372 Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Proposed Rules 

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 

St. Clair County, Alabama, and Incorporated Areas 

Big Black Creek .................... Approximately 1.9 mile downstream of Whites Chapel 

Parkway.

None +581 City of Trussville, Town of 

Argo, Town of Margaret, 

Town of Moody, Unincorporated Areas of St. 

Clair County. 

Approximately 3.1 miles upstream of County Road 6 None +648 

Dye Creek ............................. At Golf Course Road .................................................... None +480 City of Pell City, Unincorporated Areas of St. 

Clair County. 

Approximately 0.8 mile upstream of 16th Street .......... None +591 

Kelly Creek ............................ Approximately 0.4 mile upstream of the Shelby County boundary.None +466 Town of Moody, Unincorporated Areas of St. 

Clair County. 

Approximately 0.6 mile upstream of State Route 174 None +764 

Kerr Branch ........................... Approximately 0.5 mile downstream of Kelly Creek 

Road.

+676 +685 Town of Moody. 

Approximately 0.3 mile upstream of Kelly Creek Road None +695 

Little Black Creek .................. Approximately 110 feet downstream of Acmor Road .. None +594 Town of Margaret, Town of 

Moody, Unincorporated 

Areas of St. Clair County. 

Approximately 2.5 miles upstream of the railroad ....... None +860 

Middle Black Creek ............... Approximately 1.0 mile downstream of the railroad 

bridge.

None +601 Town of Argo, Town of 

Margaret, Town of 

Odenville, Unincorporated Areas of St. 

Clair County. 

Approximately 3.8 miles upstream of County Road 6 None +727 

* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency 

Management Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Pell City 

Maps are available for inspection at 1905 1st Avenue North, Pell City, AL 35125. 

City of Trussville 

Maps are available for inspection at 131 Main Street, Trussville, AL 35173. 

Town of Argo 

Maps are available for inspection at 8885 Gadsden Highway, Argo, AL 35173. 

Town of Margaret 

Maps are available for inspection at 125 School Street, Margaret, AL 35112. 

Town of Moody 

Maps are available for inspection at 670 Park Avenue, Moody, AL 35004. 

Town of Odenville 

Maps are available for inspection at 183 Alabama Street, Odenville, AL 35120. 

Unincorporated Areas of St. Clair County 

Maps are available for inspection at 165 5th Avenue, Suite 100, Ashville, AL 35953. 

Madison County, Missouri, and Incorporated Areas 

Little Saint Francis River ....... Approximately 675 feet downstream of U.S. Route 67 None +689 City of Fredericktown, Unincorporated Areas of 

Madison County. 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Proposed Rules 61373 

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 

Approximately 1.3 mile downstream of County Road 

220.

None +743 

Little Saint Francis River 

Tributary 1.

At the confluence with the Little Saint Francis River ... +704 +700 City of Fredericktown, Unincorporated Areas of 

Madison County. 

Just downstream of County Road 218 ......................... None +769 

Mill Creek (backwater effects 

from Little Saint Francis 

River).

From the confluence with the Little Saint Francis 

River to approximately 665 feet downstream of 

County Road 500.

None +690 Unincorporated Areas of 

Madison County. 

Saline Creek ......................... At the confluence with the Little Saint Francis River ... +707 +703 Unincorporated Areas of 

Madison County. 

Approximately 550 feet downstream of the confluence 

with Goose Creek.

None +736 

Spiva Branch (backwater effects from Little Saint 

Francis River).

From the confluence with the Little Saint Francis 

River to just upstream of County Road 201.

None +692 Unincorporated Areas of 

Madison County. 

Tollar Branch ......................... At the confluence with Saline Creek ............................ +714 +713 City of Fredericktown, Unincorporated Areas of 

Madison County. 

Approximately 1,310 feet upstream of Mine LaMotte 

Street.

None +788 

Village Creek ......................... At the confluence with the Little Saint Francis River ... +707 +704 City of Fredericktown, Unincorporated Areas of 

Madison County. 

Just upstream of Catherine Mine Road ....................... +708 +707 

* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency 

Management Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Fredericktown 

Maps are available for inspection at City Hall, 124 West Main Street, Fredericktown, MO 63645. 

Unincorporated Areas of Madison County 

Maps are available for inspection at the Madison County Courthouse, 1 Courthouse Square, Fredericktown, MO 63645. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 13, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–24866 Filed 10–4–10; 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–1134] 

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 January 30, 2011. 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1