Proposed Flood Elevation Determinations

Federal Register: February 5, 2010 (Volume 75, Number 24)

Proposed Rules

Page 5925-5929

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr05fe10-17

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1091

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

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.

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)

Depth in feet above

Flooding source(s)

Location of referenced

ground [caret]

Communities affected elevation **

Elevation in meters

(MSL)

Effective

Modified

Hot Spring County, Arkansas, and Incorporated Areas

Chatman Creek....................... Approximately 900 feet

None

+254 Unincorporated Areas of downstream of Grigsby

Hot Spring County.

Ford Road.

Just upstream of State

None

+307

Highway 9.

Rockport Creek...................... Approximately 2,300

None

+260 Unincorporated Areas of feet downstream of

Hot Spring County.

Martin Luther King

Boulevard.

Approximately 1,300

None

+263 feet downstream of

Martin Luther King

Boulevard.

Town Creek.......................... Approximately 2,300

None

+253 Unincorporated Areas of feet downstream of

Hot Spring County.

Walco Road.

Just downstream of

None

+298

Mount Willow 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.

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

None

+351 Town of Morrison Bluff.

Highway 109.

Booneville Creek.................... Approximately 0.75 mile

None

+443 City of Booneville. upstream of confluence with Petit Jean River.

Booneville Creek Tributary No. 1.... Just upstream of the

None

+446 City of Booneville.

City of Booneville/

Logan County southeast boundary.

Cane Creek.......................... Flooding effects near

None

+352 Town of Scranton. 5th Street and the

Tributary of Cane

Creek.

Flooding effects just

None

+355 southeast of 5th and

Cherry Streets, near the Town of Scranton's southeast boundary.

Petit Jean River.................... Just upstream of the

None

+443 City of Booneville.

City of Booneville/

Logan County southeast boundary.

Short Mountain Creek Tributary...... Just upstream of

None

+375 Unincorporated Areas of confluence with Short

Logan County.

Mountain Creek.

Just upstream of Cherry

None

+425

Street.

Approximately 1,800

None

+432 feet upstream of

Cherry 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 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

None

+27 Unincorporated Areas of downstream of State

St. James Parish, Town

Highway 3213.

of Gramercy, Town of

Lutcher.

Approximately 1.2 mile

None

+28 upstream of State

Highway 3213.

Storage Areas from the Gulf (D2G

Approximately 1,079

None

+1 Unincorporated Areas of model).

feet south of State

St. James Parish.

Highway 643.

Approximately 60 feet

None

+14 south of the intersection of Sidney

Road and Missouri

Pacific Railroad, along the east side of the rail line.

* 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.

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

+1,486

+1,484 Unincorporated Areas of upstream of N2480 Road.

Caddo County.

Approximately 1,700

+1,501

+1,503 feet upstream of N2480

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

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

None

+437 Unincorporated Areas of upstream of State

Hopkins County.

Highway 19.

Approximately 600 feet

None

+445 upstream of State

Highway 19.

Gena Creek.......................... Just upstream of FM

None

+440 Unincorporated Areas of

Road 1870.

Hopkins County.

Approximately 1.04 mile

None

+457 upstream of FM Road 1870.

Rock Creek.......................... Just downstream of

None

+421 Unincorporated Areas of unnamed railroad.

Hopkins County.

Approximately 500 feet

None

+476 upstream of Holiday

Drive.

Turtle Creek........................ Just upstream of State

None

+481 Unincorporated Areas of

Highway 11.

Hopkins County.

Just upstream of

None

+494 unnamed railroad.

* 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 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

None

+268 Unincorporated Areas of

Lost Creek.

Robertson County.

Just downstream of

None

+276

Gifford Hill Road.

Lost Creek.......................... At the confluence with

None

+268 Unincorporated Areas of the Little Brazos

Robertson County.

River.

Just downstream of

None

+272

Union Pacific Railroad.

Page 5929

Approximately 1,900

None

+305 feet downstream of

Black Jack Road.

Approximately 800 feet

None

+338 upstream of Old Henry

Prairie Road.

Sandy Creek......................... At the confluence with

None

+274 Unincorporated Areas of the Little Brazos

Robertson County.

River.

Just downstream of

None

+287

Vaughn Lane.

Just upstream of the

None

+302

Union Pacific Railroad.

Approximately 1,970

None

+320 feet upstream of the confluence with Sandy

Creek Tributary 3.

Sandy Creek Tributary 2............. At the confluence with

None

+312 Unincorporated Areas of

Sandy Creek.

Robertson County.

Approximately 1,400

None

+314 feet upstream of the confluence with Sandy

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

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