[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12807-12811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6711]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1043]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Comments are requested on the proposed Base (1 percent 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 23, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community are 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-1043, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
[email protected].

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3151 or (e-mail) [email protected].

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
----------------------------------------------------------------------------------------------------------------
                               Cumberland County, Kentucky and Incorporated Areas
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Cumberland River....................  Approximately 3,300             None         +533  Cumberland County, City
                                       feet downstream of the                             of Burkesville.
                                       confluence with Judio
                                       Creek.
                                      Approximately 1,500             None         +568
                                       feet upstream of the
                                       confluence with Crow
                                       Creek.

[[Page 12808]]

 
Dale Hollow Lake (Obey River).......  Approximately 5,000             None         +663  Cumberland County.
                                       feet downstream
                                       confluence with
                                       Hendricks Creek.
                                      At the confluence with          None         +663  .......................
                                       Illwill Creek.
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* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Burkesville
 
Maps are available for inspection at 600 Courthouse Square, Burkesville, KY 42717.
 
Cumberland County
 
Maps are available for inspection at 214 Upper River Street, Burkesville, KY 42717.
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                            Jefferson Davis Parish, Louisiana and Incorporated Areas
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Lake Arthur.........................  From the shoreline of             +6        +8-10  Town of Lake Arthur,
                                       and including Lake                                 Unincorporated Areas
                                       Arthur North to 7th                                of Jefferson Davis
                                       Street from the East                               Parish.
                                       to the West border of
                                       the Town of Lake
                                       Arthur.
Lake Charles........................  Covering an area                +5-8        +7-11  Unincorporated Areas of
                                       beginning at the                                   Jefferson Davis
                                       Southern Border with                               Parish.
                                       Cameron Parish,
                                       proceeding North along
                                       the Calcaceus Parish
                                       border to West Niblett
                                       Road, to the East to
                                       State Route 99. From
                                       State Route 99 below
                                       State Route 380 to the
                                       Town of Lake Charles
                                       border.
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* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
Town of Lake Arthur
 
Maps are available for inspection at 102 Arthur Avenue, Lake Arthur, LA 70549.
 
                                 Unincorporated Areas of Jefferson Davis Parish
 
Maps are available for inspection at 304 North State Street, Jennings, LA 70546.
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                                 Laclede County, Missouri and Incorporated Areas
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Radio Tower Branch..................  Approximately 2,500             None        +1166  City of Lebanon.
                                       feet upstream from the
                                       confluence with
                                       Goodwin Hallow.
                                      Approximately 3,150             None        +1170
                                       feet upstream from the
                                       confluence with
                                       Goodwin Hallow.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Lebanon
 

[[Page 12809]]

 
Maps are available for inspection at 400 S. Madison, Lebanon, MO 65536.
----------------------------------------------------------------------------------------------------------------
                                McDonald County, Missouri and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaver Branch.......................  Just downstream of Main         None         +884  City of Anderson,
                                       Street.                                            Unincorporated Areas
                                                                                          of McDonald County.
                                      Approximately 1.14              None         +931
                                       miles upstream from
                                       Sellers Street.
Indian Creek........................  Approximately 1.15              None         +868  City of Anderson,
                                       miles downstream from                              Unincorporated Areas
                                       the confluence of Wild                             of McDonald County.
                                       Creek.
                                      Approximately 2.79              None         +923
                                       miles upstream from
                                       Highway 71.
Sugar Tree Branch...................  Just downstream of East         None         +888  City of Anderson,
                                       Street.                                            Unincorporated Areas
                                                                                          of McDonald County.
                                      Approximately 1,785             None         +948
                                       feet upstream from
                                       Highway F.
Wild Creek..........................  Approximately 700 feet          None         +878  City of Anderson,
                                       downstream from                                    Unincorporated Areas
                                       Highway 59.                                        of McDonald County.
                                      Approximately 410 feet          None        +1002
                                       upstream from Highway
                                       76.
----------------------------------------------------------------------------------------------------------------
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Anderson
Maps are available for inspection at 201 West Beaver Street, Anderson, MO 64831.
 
                                     Unincorporated Areas of Mcdonald County
Maps are available for inspection at 602 Main Street, Pineville, MO 64856.
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                                    Ross County, Ohio and Incorporated Areas
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Kinnikinnick Creek..................  1,850 feet upstream             None         +645  Unincorporated Areas of
                                       from the confluence of                             Ross County.
                                       Kinnikinnick Creek and
                                       Scioto River.
                                      11,050 feet upstream            None         +666
                                       from confluence of
                                       Kinnikinnick Creek and
                                       Scioto River.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
                                       Unincorporated Areas of Ross County
 
Maps are available for inspection at 15 N. Paint Street, Chillicothe, OH 45601.
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                                Nacogdoches County, Texas and Incorporated Areas
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Bayou La Nana.......................  Approximately 1,246             None         +248  Unincorporated Areas of
                                       feet upstream of the                               Nacogdoches County.
                                       confluence with Bayou
                                       La Nana and Egg Nog
                                       Branch.
                                      Approximately 523 feet          None         +255
                                       downstream of Loop 224.
Bayou La Nana.......................  Approximately 921 feet          None         +317  Unincorporated Areas of
                                       upstream of Loop 224.                              Nacogdoches County,
                                                                                          City of Nacogdoches.
                                      Just upstream of Old            None         +320
                                       Post Oak Road.

[[Page 12810]]

 
Bonita Creek........................  Approximately 729 feet          None         +355  Unincorporated Areas of
                                       upstream of Loop 224.                              Nacogdoches County,
                                                                                          City of Nacogdoches.
                                      Just upstream of U.S.           None         +373
                                       Highway 59.
Egg Nog Branch......................  Approximately 1,246             None         +248  Unincorporated Areas of
                                       feet upstream of the                               Nacogdoches County,
                                       confluence with Egg                                City of Nacogdoches.
                                       Nog Branch and Bayou
                                       La Nana.
                                      Approximately 727 feet          None         +284
                                       downstream of Loop 224.
Toliver Branch......................  Confluence of Bayou La          None         +317  Unincorporated Areas of
                                       Nana and Toliver                                   Nacogdoches County,
                                       Branch.                                            City of Nacogdoches.
                                      Just upstream of Old            None         +320
                                       Post Oak Road.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Nacogdoches
Maps are available for inspection at City Hall, 202 East pilar Street, Nacogdoches, TX 75963.
 
                                   Unincorporated Areas of Nacogdoches County
Maps are available for inspection at 101 W. Main, Nacogdoches, TX 75961.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                    Rusk County, Texas and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Unnamed Stream off of Turkey Creek..  At the confluence of            None         +329  City of Henderson.
                                       Turkey Creek and
                                       Unnamed Stream.
                                      Approximately 110 feet          None         +336
                                       downstream from
                                       Florence Street.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Henderson
Maps are available for inspection at Town Hall, 400 West Main Street, Henderson, TX 75652.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Tom Green County, Texas and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Flooding Effects of Red Arroyo......  Just upstream of                None        +1900  City of San Angelo.
                                       Melrose Avenue.
                                      Just downstream of              None        +1922
                                       Burlington Road.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 

[[Page 12811]]

 
                                                    ADDRESSES
City of San Angelo
 
Maps are available for inspection at PO BOX 1751, San Angelo, TX 76902.
----------------------------------------------------------------------------------------------------------------

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

    Dated: March 2, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6711 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P