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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-1091]
 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 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 
                        ( print page 5926)
                        calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
 DATES: Comments are to be submitted on or before May 6, 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-1091, 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 are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. *National Environmental Policy Act.*
                     This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.*
                     As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Executive Order 12866, Regulatory Planning and Review.*
                     This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. *Executive Order 13132, Federalism.*
                     This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.*
                     This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure
Flood insurance
Reporting and recordkeeping requirements
 Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority:
                        42 U.S.C. 4001 
                            *et seq.;*
                             Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4
  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**Hot Spring County, Arkansas, and Incorporated Areas**Chatman Creek
Approximately 900 feet downstream of Grigsby Ford Road
None
+254
Unincorporated Areas of Hot Spring County.Just upstream of State Highway 9
None
+307Rockport Creek
Approximately 2,300 feet downstream of Martin Luther King Boulevard
None
+260
Unincorporated Areas of Hot Spring County.Approximately 1,300 feet downstream of Martin Luther King Boulevard
None
+263Town Creek
Approximately 2,300 feet downstream of Walco Road
None
+253
Unincorporated Areas of Hot Spring County.Just downstream of Mount Willow Road
None
+298* 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.( print page 5927)**ADDRESSES****Unincorporated Areas of Hot Spring County**Maps are available for inspection at 210 Locust Street, Malvern, AR 72104.**Logan County, Arkansas, and Incorporated Areas**Arkansas River
Just upstream of State Highway 109
None
+351
Town of Morrison Bluff.Booneville Creek
Approximately 0.75 mile upstream of confluence with Petit Jean River
None
+443
City of Booneville.Booneville Creek Tributary No. 1
Just upstream of the City of Booneville/Logan County southeast boundary
None
+446
City of Booneville.Cane Creek
Flooding effects near 5th Street and the Tributary of Cane Creek
None
+352
Town of Scranton.Flooding effects just southeast of 5th and Cherry Streets, near the Town of Scranton's southeast boundary
None
+355Petit Jean River
Just upstream of the City of Booneville/Logan County southeast boundary
None
+443
City of Booneville.Short Mountain Creek Tributary
Just upstream of confluence with Short Mountain Creek
None
+375
Unincorporated Areas of Logan County.Just upstream of Cherry Street
None
+425Approximately 1,800 feet upstream of Cherry Street
None
+432* 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 Booneville**Maps are available for inspection at 497 East Main Street, Suite A, Booneville, AR 72927.**Town of Morrison Bluff**Maps are available for inspection at 22189 North Highway 109, Scranton, AR 72863.**Town of Scranton**Maps are available for inspection at 203 Park Avenue, Scranton, AR 72863.**Unincorporated Areas of Logan County**Maps are available for inspection at the OEM Training Center, 205 East Maple Street, Paris, AR 72855.**St. James Parish, Louisiana, and Incorporated Areas**Mississippi River
Approximately 0.9 mile downstream of State Highway 3213
None
+27
Unincorporated Areas of St. James Parish, Town of Gramercy, Town of Lutcher.Approximately 1.2 mile upstream of State Highway 3213
None
+28Storage Areas from the Gulf (D2G model)
Approximately 1,079 feet south of State Highway 643
None
+1
Unincorporated Areas of St. James Parish.Approximately 60 feet south of the intersection of Sidney Road and Missouri Pacific Railroad, along the east side of the rail line
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.( print page 5928)**ADDRESSES****Town of Gramercy**Maps are available for inspection at 120 North Montz Avenue, Gramercy, LA 70052.**Town of Lutcher**Maps are available for inspection at 2500 Louisiana Avenue, Lutcher, LA 70071.**Unincorporated Areas of St. James Parish**Maps are available for inspection at 5800 Highway 44, Convent, LA 70723.**Caddo County, Oklahoma, and Incorporated Areas**Deer Creek East Tributary
Approximately 250 feet upstream of N2480 Road
+1,486
+1,484
Unincorporated Areas of Caddo County.Approximately 1,700 feet upstream of N2480 Road
+1,501
+1,503* 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 Caddo County**Maps are available for inspection at the County Courthouse, 201 West Oklahoma Avenue, Room 11, Anadarko, OK 73005.**Hopkins County, Texas, and Incorporated Areas**Coleman Creek
Approximately 0.56 mile upstream of State Highway 19
None
+437
Unincorporated Areas of Hopkins County.Approximately 600 feet upstream of State Highway 19
None
+445Gena Creek
Just upstream of FM Road 1870
None
+440
Unincorporated Areas of Hopkins County.Approximately 1.04 mile upstream of FM Road 1870
None
+457Rock Creek
Just downstream of unnamed railroad
None
+421
Unincorporated Areas of Hopkins County.Approximately 500 feet upstream of Holiday Drive
None
+476Turtle Creek
Just upstream of State Highway 11
None
+481
Unincorporated Areas of Hopkins County.Just upstream of unnamed railroad
None
+494* 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 Hopkins County**Maps are available for inspection at the County Courthouse, 118 Church Street, Sulphur Springs, TX 75483.**Robertson County, Texas, and Incorporated Areas**Little Brazos River
At the confluence with Lost Creek
None
+268
Unincorporated Areas of Robertson County.Just downstream of Gifford Hill Road
None
+276Lost Creek
At the confluence with the Little Brazos River
None
+268
Unincorporated Areas of Robertson County.Just downstream of Union Pacific Railroad
None
+272( print page 5929)Approximately 1,900 feet downstream of Black Jack Road
None
+305Approximately 800 feet upstream of Old Henry Prairie Road
None
+338Sandy Creek
At the confluence with the Little Brazos River
None
+274
Unincorporated Areas of Robertson County.Just downstream of Vaughn Lane
None
+287Just upstream of the Union Pacific Railroad
None
+302Approximately 1,970 feet upstream of the confluence with Sandy Creek Tributary 3
None
+320Sandy Creek Tributary 2
At the confluence with Sandy Creek
None
+312
Unincorporated Areas of Robertson County.Approximately 1,400 feet upstream of the confluence with Sandy Creek
None
+314* 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 Robertson County**Maps are available for inspection at P.O. Box 427, Franklin, TX 77856.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Sandra K. Knight, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-2493 Filed 2-4-10; 8:45 am] BILLING CODE 9110-12-P