[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Proposed Rules]
[Pages 62057-62061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25337]


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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-1144]


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 January 5, 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-1144, 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) <a href="/cdn-cgi/l/email-protection#c2b0adbbeca7ecb5b0aba5aab682a6aab1eca5adb4"><span class="__cf_email__" data-cfemail="6c1e03154209421b1e050b04182c08041f420b031a">[email protected]</span></a>.

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) <a href="/cdn-cgi/l/email-protection#4a382533642f643d38232d223e0a2e2239642d253c"><span class="__cf_email__" data-cfemail="addfc2d483c883dadfc4cac5d9edc9c5de83cac2db">[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>
                                       Location of referenced     Depth in feet above
         Flooding source(s)                  elevation         ground [caret] Elevation    Communities affected
                                                                   in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               McCracken County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Arnold Branch (backwater effects      From the confluence             None         +341  Unincorporated Areas of
 from Ohio River).                     with Blizzards Ponds                               McCracken County.
                                       Drainage Ditch to
                                       approximately 0.7 mile
                                       upstream of the
                                       Blizzards Ponds
                                       Drainage Canal.

[[Page 62058]]

 
Bayou Creek (backwater effects from   From the confluence             +333         +336  Unincorporated Areas of
 Ohio River).                          with the Ohio River to                             McCracken County.
                                       approximately 1.0 mile
                                       downstream of Ogden
                                       Landing Road.
Blizzards Ponds Drainage Canal        From the confluence             None         +341  Unincorporated Areas of
 (backwater effects from Ohio River).  with West Fork Clarks                              McCracken County.
                                       River to approximately
                                       275 feet upstream of
                                       Husband Road.
Camp Creek (backwater effects from    From the confluence             None         +341  Unincorporated Areas of
 Ohio River).                          with West Fork Clarks                              McCracken County.
                                       River to approximately
                                       0.5 mile downstream of
                                       KY-348.
Clarks River (backwater effects from  From the confluence             None         +341  Unincorporated Areas of
 Ohio River).                          with the Ohio River to                             McCracken County.
                                       approximately 0.7 mile
                                       upstream of KY-787.
Crooked Creek.......................  At the confluence with          +365         +363  Unincorporated Areas of
                                       Perkins Creek.                                     McCracken County.
                                      Approximately 400 feet          None         +402
                                       upstream of U.S. Route
                                       62.
Cross Creek.........................  Just upstream of the            +333         +331  Unincorporated Areas of
                                       Illinois Central                                   McCracken County.
                                       Railroad Yard.
                                      Approximately 345 feet          +343         +341
                                       upstream of South 24th
                                       Street.
Deer Lick Creek (backwater effects    From the confluence             None         +336  Unincorporated Areas of
 from Ohio River).                     with the Ohio River to                             McCracken County.
                                       approximately 2.9
                                       miles upstream of the
                                       confluence with the
                                       Ohio River.
Horse Branch (backwater effects from  From the confluence             None         +341  Unincorporated Areas of
 Ohio River).                          with the Clarks River                              McCracken County.
                                       to approximately 85
                                       feet downstream of
                                       Georgia Street South.
Island Creek Tributary 6.1            From the confluence             None         +336  Unincorporated Areas of
 (backwater effects from Island        with Island Creek to                               McCracken County.
 Creek).                               approximately 800 feet
                                       downstream of I-24.
Little Bayou Creek (backwater         From the confluence             +334         +336  Unincorporated Areas of
 effects from Ohio River).             with Bayou Creek to                                McCracken County.
                                       approximately 2.3
                                       miles downstream of
                                       Ogden Landing Road.
Little Massac Creek (backwater        From the confluence             None         +378  Unincorporated Areas of
 effects from West Fork Massac         with West Fork Massac                              McCracken County.
 Creek).                               Creek to approximately
                                       1,000 feet upstream of
                                       the confluence with
                                       West Fork Massac Creek.
Middle Fork.........................  Approximately 1,800             +354         +352  City of Paducah,
                                       feet upstream of the                               Unincorporated Areas
                                       confluence with Massac                             of McCracken County.
                                       Creek.
Massac Creek........................  Approximately 1,700             +355         +354
                                       feet upstream of
                                       McCracken Boulevard.
Nasty Creek (backwater effects from   From the confluence             None         +335  Unincorporated Areas of
 Ohio River).                          with Newtons Creek I                               McCracken County.
                                       to approximately 0.6
                                       mile upstream of Grief
                                       Road.
Newtons Creek I (backwater effects    From the confluence             None         +335  Unincorporated Areas of
 from Ohio River).                     with the Ohio River to                             McCracken County.
                                       approximately 0.7 mile
                                       upstream of Grief Road.
Ohio River..........................  Approximately 1,700             +331         +334  City of Paducah,
                                       feet downstream of the                             Unincorporated Areas
                                       confluence with                                    of McCracken County.
                                       Redstone Creek.
                                      Approximately 2.0 miles         +339         +340
                                       upstream of the
                                       confluence with the
                                       Tennessee River.
Perkins Creek.......................  At the confluence with          +337         +339  City of Paducah,
                                       the Ohio River.                                    Unincorporated Areas
                                                                                          of McCracken County.
                                      Approximately 0.5 mile          None         +399
                                       upstream of Blandville
                                       Road.
Perkins Creek Tributary 4 (backwater  From the confluence             None         +339  City of Paducah,
 effects from Ohio River).             with Perkins Creek to                              Unincorporated Areas
                                       approximately 80 feet                              of McCracken County.
                                       downstream of U.S.
                                       Route 60.
Redstone Creek (backwater effects     From the confluence             +332         +335  Unincorporated Areas of
 from Ohio River).                     with Redstone Creek                                McCracken County.
                                       Tributary 5 to
                                       approximately 0.6 mile
                                       upstream of the
                                       confluence with
                                       Redstone Creek
                                       Tributary 5.
Redstone Creek Tributary 5            From the confluence             +332         +335  Unincorporated Areas of
 (backwater effects from Ohio River).  with Redstone Creek to                             McCracken County.
                                       approximately 0.5 mile
                                       upstream of the
                                       confluence with
                                       Redstone Creek.
Tennessee River.....................  At the confluence with          +339         +340  City of Paducah,
                                       the Ohio River.                                    Unincorporated Areas
                                                                                          of McCracken County.
                                      Approximately 3.0 miles         None         +341
                                       upstream of U.S. Route
                                       60.
West Fork Clarks River (backwater     From the confluence             None         +341  Unincorporated Areas of
 effects from Ohio River).             with Clarks River to                               McCracken County.
                                       approximately 3.7
                                       miles upstream of the
                                       confluence with Camp
                                       Creek at the county
                                       boundary.

[[Page 62059]]

 
West Fork Massac Creek (backwater     From the confluence             +336         +338  Unincorporated Areas of
 effects from Ohio River).             with Massac Creek to                               McCracken County.
                                       approximately 2,000
                                       feet upstream of
                                       Wilmington 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 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 Paducah
Maps are available for inspection at City Hall, 300 South 5th Street, Paducah, KY 42002.
 
                                    Unincorporated Areas of McCracken County
Maps are available for inspection at the McCracken County Courthouse, 301 South 6th Street, Paducah, KY 42003.
----------------------------------------------------------------------------------------------------------------
                                          Franklin County, Pennsylvania
                                               (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Back Creek..........................  At the confluence with          None         +481  Township of Antrim,
                                       Conococheague Creek.                               Township of Peters.
                                      Approximately 180 feet          None         +481
                                       upstream of the
                                       confluence with
                                       Conococheague Creek.
Conodoguinet Creek..................  Approximately 500 feet          None         +544  Township of
                                       downstream of Burnt                                Letterkenny, Township
                                       Mill Road.                                         of Lurgan.
                                      Approximately 1.49 mile         None         +603
                                       upstream of Tanyard
                                       Hill Road (State Route
                                       433).
Middle Spring Creek.................  Approximately 20 feet           None         +630  Township of
                                       upstream of Hot Point                              Southampton.
                                       Avenue (Avon Drive).
                                      Approximately 80 feet           None         +630
                                       upstream of Hot Point
                                       Avenue (Avon Drive).
Tributary to Falling Spring Branch..  At the confluence with          +634         +631  Township of Guilford.
                                       Falling Spring Branch.
                                      At the upstream inlet           +634         +631
                                       of the I-81 culvert.
Unnamed Tributary to West Branch      Approximately 1,900             None         +637  Township of Washington.
 Antietam Creek.                       feet downstream of the
                                       Access Road Bridge.
                                      Approximately 100 feet          None         +647
                                       downstream of the
                                       Access Road Bridge.
----------------------------------------------------------------------------------------------------------------
* 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 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
Township of Antrim
Maps are available for inspection at the Antrim Township Municipal Building, 10655 Antrim Church Road,
 Greencastle, PA 17225.
 
Township of Guilford
Maps are available for inspection at the Guilford Township Building, 115 Spring Valley Road, Chambersburg, PA
 17201.
 
Township of Letterkenny
Maps are available for inspection at the Letterkenny Township Building, 4924 Orrstown Road, Orrstown, PA 17244.
 
Township of Lurgan
Maps are available for inspection at the Lurgan Township Building, 8650 McClays Mill Road, Newburg, PA 17240.
 
Township of Peters
Maps are available for inspection at the Peters Township Building, 5342 Lemar Road, Mercersburg, PA 17236.
 
Township of Southampton

[[Page 62060]]

 
Maps are available for inspection at the Township Building, 705 Municipal Drive, Southampton, PA 17257.
 
Township of Washington
Maps are available for inspection at the Washington Township Building, 13013 Welty Road, Waynesboro, PA 17268.
----------------------------------------------------------------------------------------------------------------
 
                              Marion County, South Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Pee Dee River................  Just upstream of Drama          None          +28  Unincorporated Areas of
                                       Court extended.                                    Marion County.
                                      Just downstream of U.S.         None          +51
                                       Route 76.
Sellers Branch......................  Approximately 250 feet          None          +72  Town of Sellers,
                                       downstream of Church                               Unincorporated Areas
                                       Street.                                            of Marion County.
                                      Approximately 1,500             None          +85
                                       feet upstream of Main
                                       Street.
White Oak Creek Tributary 1.1.......  At the confluence with          None          +84  City of Mullins.
                                       White Oak Creek
                                       Tributary 1.
                                      Approximately 50 feet           None          +95
                                       downstream of Lowman
                                       Street.
----------------------------------------------------------------------------------------------------------------
* 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 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 Mullins
Maps are available for inspection at 151 East Front Street, Mullins, SC 29574.
 
Town of Sellers
Maps are available for inspection at 2552 U.S. Route 301, Sellers, SC 29592.
 
                                      Unincorporated Areas of Marion County
Maps are available for inspection at 1305 North Main Street, Marion, SC 29571.
----------------------------------------------------------------------------------------------------------------
                                  Kaufman County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brooklyn Branch.....................  At the confluence with          None         +457  City of Forney.
                                       Mustang Creek.
                                      Approximately 1,382             None         +471
                                       feet upstream of
                                       Ridgecrest Road.
Buffalo Creek.......................  Just upstream of Union          None         +389  City of Forney,
                                       Pacific Railroad.                                  Unincorporated Areas
                                                                                          of Kaufman County.
                                      Just upstream of FM 740         None         +403
Cedar Creek.........................  Approximately 2.9 miles         None         +342  City of Mabank,
                                       downstream of U.S.                                 Unincorporated Areas
                                       Route 175.                                         of Kaufman County.
                                      Approximately 1 mile            None         +342
                                       downstream of State
                                       Highway 274.
Duck Creek..........................  Approximately 925 feet          None         +458  Unincorporated Areas of
                                       downstream of Country                              Kaufman County.
                                       Road 337.
                                      Approximately 1,755             None         +485
                                       feet upstream of FM
                                       2728.
East Fork Trinity River.............  Just upstream of Union          None         +389  City of Dallas, City of
                                       Pacific Railroad.                                  Heath, Unincorporated
                                                                                          Areas of Kaufman
                                                                                          County.
                                      Approximately 0.85 mile         None         +398
                                       upstream of the
                                       Rockwell-Forney Dam.
Mustang Creek.......................  Approximately 0.51 mile         None         +413  City of Forney,
                                       upstream of Shady                                  Unincorporated Areas
                                       Brook Lane.                                        of Kaufman County.
                                      Approximately 0.51 mile         None         +480
                                       upstream of Ridgecrest
                                       Road.
Unnamed Tributary to Kings Creek....  Approximately 1,600             None         +486  City of Terrell,
                                       feet upstream of the                               Unincorporated Areas
                                       confluence with Kings                              of Kaufman County.
                                       Creek (Upper Reach).

[[Page 62061]]

 
                                      Approximately 0.91 mile         None         +506
                                       upstream of the
                                       confluence with Kings
                                       Creek (Upper Reach).
----------------------------------------------------------------------------------------------------------------
* 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 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 Dallas
Maps are available for inspection at 320 East Jefferson Boulevard, Room 307, Dallas, TX 75203.
 
City of Forney
Maps are available for inspection at City Hall, 101 West Main Street, Forney, TX 75126.
 
City of Heath
Maps are available for inspection at City Hall, 200 Laurence Drive, Heath, TX 75032.
 
City of Mabank
Maps are available for inspection at City Hall, 129 East Market Street, Mabank, TX 75147.
 
City of Terrell
Maps are available for inspection at City Hall, 201 East Nash Street, Terrell, TX 75160.
 
                                     Unincorporated Areas of Kaufman County
Maps are available for inspection at the Kaufman County Courthouse, 100 West Mulberry Street, Kaufman, TX 75142.
 
----------------------------------------------------------------------------------------------------------------

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

    Dated: September 21, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-25337 Filed 10-6-10; 8:45 am]
BILLING CODE 9110-12-P


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