Proposed Flood Elevation Determinations
Federal Register: September 15, 2009 (Volume 74, Number 177)
Proposed Rules
Page 47160-47164
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr15se09-28
Page 47160
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 67
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1071
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 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 December 14, 2009.
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-1071, 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.
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)
Location of referenced
Depth in feet above
Flooding source(s)
elevation **
ground [caret] Elevation
Communities affected in meters (MSL)
Effective
Modified
Pickens County, Alabama, and Incorporated Areas
Big Ditch........................... Approximately 1,317
None
+163 Unincorporated Areas of feet upstream of the
Pickens County. confluence with
Tributary 1.
Approximately 1.1 mile
None
+174 upstream of the confluence with
Tributary 1.
Little Bear Creek................... Approximately 0.8 miles
None
+235 Unincorporated Areas of downstream of U.S.
Pickens County.
Highway 82.
Approximately 1 mile
None
+262 upstream of First
Avenue.
Long Creek.......................... Approximately 845 feet
None
+254 Unincorporated Areas of upstream of First
Pickens County.
Avenue.
Page 47161
Approximately 1,123
None
+255 feet upstream of First
Avenue.
Lubbub Creek........................ Approximately 0.9 miles
None
+220 Unincorporated Areas of downstream of U.S.
Pickens County.
Highway 82.
Approximately 1,292
None
+227 feet upstream of U.S.
Highway 82.
Stream 2............................ Approximately 1,375
None
+196 Unincorporated Areas of feet downstream of the
Pickens County. confluence with Stream 3.
Approximately 1,300
None
+196 feet downstream of the confluence with Stream 3.
Tombigbee River..................... Approximately 1.4 miles
None
+144 City of Memphis. downstream of the confluence with Beaver
Creek.
Approximately 0.9 miles
None
+144 downstream of the confluence with Beaver
Creek.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
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 Memphis
Maps are available for inspection at 128 Memphis Circle, Aliceville, AL 35442.
Unincorporated Areas of Pickens County
Maps are available for inspection at Judicial Center, 20 Phoenix Avenue, Room 102, Carrollton, AL 35447.
Holmes County, Florida, and Incorporated Areas
Bay Branch.......................... Approximately 1,922
None
+80 Unincorporated Areas of feet upstream of the
Holmes County. confluence with West
Pittman Creek.
Approximately 1.5 miles
None
+80 upstream of the confluence with West
Pittman Creek.
Blue Creek.......................... Just downstream of
None
+74 Unincorporated Areas of
Valee Road.
Holmes County.
Approximately 1.9 miles
None
+88 upstream of Jack
Johnson Road.
Camp Branch......................... Approximately 670 feet
None
+87 Unincorporated Areas of downstream of Bonifay
Holmes County, City of
Chipley Road.
Bonifay.
Approximately 364 feet
None
+122 upstream of N.
Waukesha Street.
Camp Branch Tributary 1............. Approximately 1,216
None
+87 Unincorporated Areas of feet downstream of Joe
Holmes County, City of
White Road.
Bonifay.
Approximately 1,047
None
+124 feet upstream of
Industrial Drive.
Caney Branch........................ Approximately 1,725
None
+68 Unincorporated Areas of feet upstream of the
Holmes County. confluence with
Wrights Creek.
Approximately 0.9 miles
None
+68 upstream of the confluence with
Wrights Creek.
Cow Branch.......................... Approximately 1,232
None
+70 Unincorporated Areas of feet downstream of
Holmes County, Town of
Ammons Road.
Ponce De Leon.
Approximately 0.4 miles
None
+92 upstream of Grant Road.
Cow Branch Tributary 1.............. At the confluence with
None
+82 Unincorporated Areas of
Cow Branch.
Holmes County, Town of
Ponce De Leon.
Approximately 0.7 miles
None
+153 upstream of Grant Road.
Hathaway Mill Creek................. Just downstream of
None
+63 Unincorporated Areas of
Hathaway Mill Road.
Holmes County.
Approximately 0.4 miles
None
+63 upstream of Hathaway
Mill Road.
Page 47162
Merrill Branch...................... At the confluence with
None
+80 Unincorporated Areas of
Bay Branch.
Holmes County.
Approximately 0.8 miles
None
+80 upstream of the confluence with Bay
Branch.
Mill Creek.......................... Approximately 1,492
None
+59 Unincorporated Areas of feet downstream of
Holmes County, Town of
Jack Brown Drive.
Ponce De Leon.
Approximately 735 feet
None
+76 downstream of Jack
Brown Drive.
Old Creek........................... Just downstream of R.M.
None
+59 Town of Westville.
Ward Road.
Approximately 0.6 miles
None
+59 upstream of R.M Ward
Road.
Parrot Creek........................ Just upstream of Rum
None
+88 Unincorporated Areas of
Road.
Holmes County.
At the confluence with
None
+88
Hand Branch.
Sandy Creek......................... Approximately 200 feet
None
+84 Unincorporated Areas of downstream of County
Holmes County.
Highway 81A.
Approximately 1.5 miles
None
+102 upstream of County
Highway 183A.
Unnamed Tributary to Bay Branch..... At the confluence with
None
+80 Unincorporated Areas of
Bay Branch.
Holmes County.
Approximately 0.8 miles
None
+80 upstream of the confluence with Bay
Branch.
West Pittman Creek.................. Just downstream of
None
+80 Unincorporated Areas of
County Highway 179A.
Holmes County.
Approximately 1,454
None
+80 feet upstream of
County Highway 179A.
Wrights Creek....................... Just downstream of
None
+88 Unincorporated Areas of
Adolph Whitaker Road.
Holmes County.
Approximately 1.9 miles
None
+148 upstream of Bush Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
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 Bonifay
Maps are available for inspection at City Hall, 301 J. Harvey Ethridge Street, Bonifay, FL 32425.
Town of Ponce De Leon
Maps are available for inspection at the Town Hall, 1580 Highway 90, Ponce De Leon, FL 32455.
Town of Westville
Maps are available for inspection at the Town Hall, 2523 North Pine Street, Westville, FL 32464.
Unincorporated Areas of Holmes County
Maps are available for inspection at the Chamber of Commerce, 106 East Byrd Avenue, Bonifay, FL 32425.
Johnson County, Kentucky, and Incorporated Areas
Big Mine Fork (Backwater effects
From confluence with
None
+730 Unincorporated Areas of from Paintsville Lake).
Paintsville Lake to
Johnson County. approximately 1 mile upstream of confluence with Paintsville Lake.
Colvin Branch (Backwater effects
From confluence with
None
+730 Unincorporated Areas of from Paintsville Lake).
Paintsville Lake to
Johnson County. approximately 1,700 feet upstream of confluence with
Paintsville Lake.
Left Fork Blaine Creek.............. Just downstream of
None
+690 Unincorporated Areas of confluence with Keaton
Johnson County.
Fork.
Approximately 150 feet
None
+691 upstream of KY-469.
Little Mine Fork (Backwater effects From confluence with
None
+730 Unincorporated Areas of from Paintsville Lake).
Big Mine Fork to
Johnson County. approximately 1,100 feet upstream of confluence with Big
Mine Fork.
Page 47163
Little Paint Creek (Backwater
From confluence with
None
+730 Unincorporated Areas of effects from Paintsville Lake).
Paintsville Lake to
Johnson County. approximately 1.3 miles upstream of confluence with
Paintsville Lake.
Paintsville Lake.................... Entire shoreline of
None
+730 Unincorporated Areas of
Paintsville Lake.
Johnson County.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
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
Unincorporated Areas of Johnson County
Maps are available for inspection at 908 3rd Street, Paintsville, KY 41240.
Beauregard Parish, Louisiana, and Incorporated Areas
Cowpen Creek........................ Just downstream of
+175
+174 Unincorporated Areas of
Graybow Road.
Beauregard Parish.
Approximately 0.9 miles
+197
+196 upstream of Sunset
Lane.
Hickory Branch Creek................ Approximately 0.7 miles
+161
+160 Unincorporated Areas of downstream of Mays
Beauregard Parish,
Street.
City of Deridder.
Approximately 1300 feet
+174
+173 upstream of Park Road.
Palmetto Creek...................... Just upstream of
+132
+131 Unincorporated Areas of
Highway 171.
Beauregard Parish,
City of Deridder.
Just downstream of
+181
+180
Highway 190.
Unnamed Tributary of Cowpen Creek... At the confluence with
+193
+192 Unincorporated Areas of
Cowpen Creek.
Beauregard Parish.
Approximately 0.4 miles
+193
+192 upstream of Country
Lane.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
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 Deridder
Maps are available for inspection at 200 South Jefferson Street, Deridder, LA 70634.
Unincorporated Areas of Beauregard Parish
Maps are available for inspection at 201 West 2nd Street, Deridder, LA 70634.
Pontotoc County, Oklahoma, and Incorporated Areas
Clear Boggy Creek................... Approximately 990 feet
None
+817 Unincorporated Areas of downstream of Highway
Pontotoc County, City 377.
of Ada.
Approximately 400 feet
None
+819 downstream of
Stonecipher Boulevard.
Little Sandy Creek.................. Approximately 900 feet
None
+916 Unincorporated Areas of downstream of North
Pontotoc County, City 3570 Road.
of Ada.
Approximately 528 feet
+982
+984 upstream of Constant
Avenue.
Page 47164
Town Branch......................... Approximately 1,500
None
+822 Unincorporated Areas of feet downstream of
Pontotoc County, Town
North 3700 Road.
of Allen.
Approximately 1,550
None
+852 feet upstream of East
B Street.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
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 Ada
Maps are available for inspection at 231 South Townsend Street, Ada, OK 78420.
Town of Allen
Maps are available for inspection at 109 North Memphis Street, Allen, OK 78425.
Unincorporated Areas of Pontotoc County
Maps are available for inspection at 120 West 13th Street, Ada, OK 74821.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Edward L. Connor,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
FR Doc. E9-22106 Filed 9-14-09; 8:45 am
BILLING CODE 9110-12-P