Proposed Flood Elevation Determinations

Federal Register: March 3, 2010 (Volume 75, Number 41)

Proposed Rules

Page 9561-9563

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

DOCID:fr03mr10-19

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1106

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 June 1, 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-1106, 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:

Page 9562

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Depth in feet above

Flooding source(s)

Location of referenced

ground [supcaret]

Communities affected elevation **

Elevation in meters

(MSL)

Effective

Modified

Lee County, Iowa, and Incorporated Areas

Des Moines River (Mississippi River At the confluence with

+502

+499 City of Keokuk.

Backwater).

the Mississippi River.

Approximately 700 feet

+502

+499 upstream of Burlington

Northern Railroad.

Devils Creek (Mississippi River

Just upstream of the

+523

+524 Unincorporated Areas of

Backwater).

confluence with the

Lee County, City of

Mississippi River.

Fort Madison.

Approximately 900 feet

+523

+524 downstream of 235th

Street.

Dry Creek........................... Just upstream of the

+524

+525 City of Fort Madison. confluence with the

Mississippi River.

Approximately 100 feet

+524

+525 downstream of Atchison

Topeka and Santa Fe

Railway (Southernmost track).

Fork Creek.......................... Just upstream of the

+525

+526 City of Fort Madison. confluence with the

Mississippi River.

Approximately 100 feet

+525

+526 downstream of

Burlington Northern

Railroad.

French Creek........................ Approximately 600 feet

None

+558 Unincorporated Areas of upstream of B Avenue.

Lee County.

Approximately 700 feet

None

+558 upstream of B Avenue.

Horton Creek........................ On the downstream side

+522

+523 City of Montrose. of Burlington Northern

Railroad.

Approximately 200 feet

+522

+523 downstream of 2nd

Street.

Jack Creek (Backwater from

Approximately 1,300

+522

+523 City of Montrose.

Mississippi River).

feet upstream of 1st

Street.

On the downstream side

+522

+523 of Burlington Northern

Railroad.

Mississippi River................... At the confluence with

+502

+499 Unincorporated Areas of the Des Moines River.

Lee County, City of

Fort Madison, City of

Keokuk, City of

Montrose.

Approximately 4.7 miles

+528

+529 downstream of the confluence with the

Skunk River.

Mississippi River Tributary

Approximately 100 feet

+523

+524 Unincorporated Areas of

(Backwater from Mississippi River). upstream of Atchison

Lee County.

Topeka and Santa Fe

Railway.

Approximately 0.6 mile

+523

+524 upstream of Ortho Road.

Soap Creek.......................... Just upstream of the

+503

+500 City of Keokuk. confluence with the

Mississippi River.

Approximately 500 feet

+503

+502 downstream of 7th

Street.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

supcaret

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 Fort Madison

Maps are available for inspection at 811 Avenue East, Fort Madison, IA 52627.

City of Keokuk

Maps are available for inspection at 415 Blondeau Street, Keokuk, IA 52632.

City of Montrose

Maps are available for inspection at 102 South 2nd Street, Montrose, IA 52639.

Unincorporated Areas of Lee County

Maps are available for inspection at 415 Blondeau Street, Keokuk, IA 52632.

Clinton County, Missouri, and Incorporated Areas

Concord Creek....................... Approximately 30 feet

None

+879 City of Plattsburg. upstream of the confluence with

Funkhouser Creek.

Page 9563

Approximately 25 feet

None

+901 downstream of East

Concord Drive.

Dicks Creek......................... Approximately 20 feet

None

+931 City of Trimble, upstream of the City

Unincorporated Areas of Trimble corporate

of Clinton County. limit.

Funkhouser Creek.................... Approximately 725 feet

None

+876 City of Plattsburg. downstream of the confluence with

Concord Creek.

Approximately 350 feet

None

+878 downstream of the confluence with

Concord Creek.

Funkhouser Creek.................... Approximately 225 feet

None

+923 City of Plattsburg, upstream of Broadway

Unincorporated Areas

Street.

of Clinton County.

Approximately 25 feet

None

+943 downstream of Plotsky

Avenue.

Smithland Lake...................... Entire shoreline.......

None

+876 City of Trimble,

Unincorporated Areas of Clinton County.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

supcaret

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 Plattsburg

Maps are available for inspection at 114 West Maple Street, Plattsburg, MO 64477.

City of Trimble

Maps are available for inspection at 201 Port Arthur Road, Trimble, MO 64492.

Unincorporated Areas of Clinton County

Maps are available for inspection at 207 North Main Street, Room 3, Plattsburg, MO 64477.

(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. 2010-4343 Filed 3-2-10; 8:45 am

BILLING CODE 9110-12-P