[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24738-24743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12108]


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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-1051]


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 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 August 24, 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-1051, 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

[[Page 24739]]

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
----------------------------------------------------------------------------------------------------------------
                                Jefferson County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Dry Creek...........................  Approximately 630 feet          +720         +722  City of Center Point.
                                       upstream of Navajo
                                       Trail NE.
                                      Just upstream of                None         +958
                                       Chalkville Mountain
                                       Road.
Griffin Brook.......................  Approximately 800 feet          +634         +631  City of Homewood.
                                       upstream of Lakeshore
                                       Drive.
                                      Approximately 90 feet           None         +788
                                       upstream of Montgomery
                                       Highway.
Huckleberry Branch..................  Approximately 200 feet          +516         +514  City of Hoover, City of
                                       downstream of Tyler                                Vestavia Hills.
                                       Road.
                                      Approximately 1,500             +824         +814
                                       feet upstream of
                                       Mountain Oaks Drive.
Little Shades Creek (Cahaba Basin)..  Approximately 930 feet          +431         +432  City of Hoover, City of
                                       upstream of Loch Haven                             Mountain Brook, City
                                       Drive.                                             of Vestavia Hills.
                                      Just upstream of Pipe           +625         +626
                                       Line Road.
Little Shades Creek (Shades Creek)..  Just downstream of              +515         +514  City of Bessemer, City
                                       Wenonah Oxmoor Road.                               of Birmingham.
                                      Approximately 2.3 miles         +633         +632
                                       downstream of Alabama
                                       Highway 150.
Patton Creek........................  Approximately 0.6 miles         +424         +423  City of Hoover, City of
                                       downstream of Alabama                              Vestavia Hills.
                                       Highway 150.
                                      Approximately 310 feet          +534         +533
                                       downstream of West
                                       Ridge Drive.
Pinchgut Creek......................  Approximately 0.7 miles         +690         +691  City of Birmingham,
                                       downstream of                                      City of Trussville.
                                       Watterson Parkway.
                                      Approximately 2.0 miles         +850         +846
                                       upstream of Gadsden
                                       Highway.
Turkey Creek........................  Approximately 0.7 miles         +566         +565  City of Center Point,
                                       downstream of Old                                  City of Clay, City of
                                       Bradford Road.                                     Pinson.
                                      Approximately 950 feet          +880         +885
                                       upstream of Eagle
                                       Ridge Drive.
Unnamed Creek 10....................  Approximately 515 feet          +605         +607  City of Center Point,
                                       downstream of Main                                 City of Pinson.
                                       Street.
                                      Approximately 90 feet           +671         +667
                                       downstream of Houston
                                       Road.
Unnamed Creek 11....................  Just upstream of Center         +627         +626  City of Center Point,
                                       Point Road.                                        City of Pinson.
                                      Approximately, 1610             +690         +692
                                       feet upstream of Green
                                       Crest Drive.

[[Page 24740]]

 
Unnamed Creek 9.....................  Just downstream of              +591         +590  City of Center Point.
                                       Alabama Highway 151.
                                      Just downstream of              +630         +631
                                       Pinson Heights Road.
Valley Creek........................  Approximately 0.5 miles         None         +431  City of Bessemer.
                                       downstream of Power
                                       Plant Road.
                                      Approximately 0.5 miles         None         +440
                                       upstream of Power
                                       Plant 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Bessemer
Maps are available for inspection at 1800 Third Avenue North, Bessemer, AL 35020.
 
City of Birmingham
Maps are available for inspection at 710 20th Street North, Birmingham, AL 35203.
 
City of Center Point
Maps are available for inspection at 2209 Center Point Parkway, Center Point, AL 35215.
 
City of Clay
Maps are available for inspection at 6757 Old Springville Road, Pinson, AL 35126.
 
City of Homewood
Maps are available for inspection at 1903 29th Avenue South, Birmingham, AL 35209.
 
City of Hoover
Maps are available for inspection at 100 Municipal Drive, Hoover, AL 35236.
 
City of Mountain Brook
Maps are available for inspection at 56 Church Street, Mountain Brook, AL 35213.
 
City of Pinson
Maps are available for inspection at 4410 Main Street, Pinson, AL 35126.
 
City of Trussville
Maps are available for inspection at 131 Main Street, Trussville, AL 35173.
 
City of Vestavia Hills
Maps are available for inspection at 513 Montgomery Highway, Vestavia Hills, AL 35085.
----------------------------------------------------------------------------------------------------------------
                                La Plata County, Colorado, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Grimes Creek........................  Approximately 0.5 miles        +7674        +7674  Unincorporated Areas of
                                       downstream of County                               La Plata County.
                                       Road 501.
                                      Approximately 1,400            +7779        +7776
                                       feet upstream of West
                                       Grimes Creek Road.
Junction Creek......................  Pleasant Drive in              +6641        +6659  Unincorporated Areas of
                                       Durango.                                           La Plata County.
                                      Approximately 0.2 miles        +6994        +6996
                                       upstream of National
                                       Forest Boundary.
Los Pinos River.....................  Approximately 1.2 miles        +6829        +6826  Unincorporated Areas of
                                       downstream of Highway                              La Plata County.
                                       160B.
                                      Upstream Limit of               None        +7533
                                       Detailed Study at
                                       Vallecito Reservoir
                                       Dam.
Los Pinos River.....................  Approximately 1,200            +6865        +6863  Town of Bayfield.
                                       feet downstream of
                                       Highway 160B.
                                      Downstream face of             +6891        +6895
                                       Highway 160 Bridge.
Middle Creek........................  Approximately 0.6 miles        +7674        +7674  Unincorporated Areas of
                                       downstream of County                               La Plata County.
                                       Road 501.
                                      West Grimes Creek Road.        +7718        +7717
Vallecito Creek.....................  Approximately 0.5 miles        +7674        +7674  Unincorporated Areas of
                                       downstream of County                               La Plata County.
                                       Road 501.
                                      Vallecito Campground/          +7922        +7918
                                       National Forest
                                       Boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 24741]]

 
[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 Bayfield
Maps are available for inspection at P.O. Box 80, Bayfield, CO 81122.
 
                                     Unincorporated Areas of La Plata County
Maps are available for inspection at 1060 East 2nd Avenue, Durango, CO 81301.
----------------------------------------------------------------------------------------------------------------
                                  Will County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Des Plaines River...................  Approximately 2,700             +511         +510  Village of Channahon,
                                       feet downstream of                                 City of Joliet,
                                       McKinley Woods Road                                Unincorporated Areas
                                       (extended).                                        of Will County.
                                      Brandon Road Lock and           +515         +512
                                       Dam.
DuPage River........................  At confluence with Des          +512         +511  Village of Channahon,
                                       Plaines River.                                     Unincorporated Areas
                                                                                          of Will County.
                                      Approximately 2,700             +512         +511
                                       feet downstream of
                                       Bridge Street.
Illinois & Michigan Canal (backwater  The area surrounded in          None   3  City of Joliet,
 from Des Plaines River).              a clockwise direction                              Unincorporated Areas
                                       by Hickory Creek, Des                              of Will County.
                                       Plaines River,
                                       Interstate 80, and 250
                                       feet east of Joliet
                                       Street.
Illinois & Michigan Canal (backwater  The area surrounded in          None   1  City of Joliet.
 from Des Plaines River).              a clockwise direction
                                       by Interstate 80, Des
                                       Plaines River,
                                       approximately 900 feet
                                       north of Columbia
                                       Street, and Eastern
                                       Avenue.
Jackson Creek.......................  At confluence of                None         +627  Village of Frankfort,
                                       Jackson Creek and                                  Unincorporated Areas
                                       Jackson Branch Creek.                              of Will County.
                                      104th Avenue...........         None         +752
Rock Run South......................  At confluence with Des          +513         +512  City of Joliet.
                                       Plaines River.
                                      Approximately 2,325             +513         +512
                                       feet downstream of
                                       U.S. Route 6.
----------------------------------------------------------------------------------------------------------------
* 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 Joliet
Maps are available for inspection at City Hall, 150 West Jefferson Street, Joliet, IL 60432.
 
                                      Unincorporated Areas of Will County
Maps are available for inspection at the Will County Land Use Department, 58 East Clinton Street, Joliet, IL
 60432.
 
Village of Channahon
Maps are available for inspection at the Channahon Village Hall, 24555 South Navajo Drive, Channahon, IL 60410.
 
Village of Frankfort
Maps are available for inspection at the Frankfort Village Hall, 432 West Nebraska Street, Frankfort, IL 60423.
----------------------------------------------------------------------------------------------------------------
                                Jones County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tallahala Creek.....................  Approximately 800 feet          None         +219  City of Laurel,
                                       upstream of Luther                                 Unincorporated Areas
                                       Hill Road.                                         of Jones County.
                                      Approximately 1,000             None         +228
                                       feet upstream of U.S.
                                       Highway 84.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 24742]]

 
[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 Laurel
Maps are available for inspection at the City Clerk's Office, 401 North 5th Avenue, Laurel, MS 39440.
 
                                      Unincorporated Areas of Jones County
Maps are available for inspection at the Jones County Courthouse, 415 North 5th Avenue, Laurel, MS 39440.
----------------------------------------------------------------------------------------------------------------
 
                               Lincoln County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Stream 2............................  Approximately 800 feet          None         +444  Lincoln County.
                                       downstream of Williams
                                       Street.
Stream 5............................  Approximately 850 feet          None         +464  Lincoln County.
                                       downstream of railroad.
Stream 6............................  Approximately 1,100             None         +465  Lincoln County.
                                       feet downstream of
                                       North Jackson 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
Lincoln County
Maps are available for inspection at 300 South 2nd Street, Brookhaven, MS 39601.
----------------------------------------------------------------------------------------------------------------
                              Sequatchie County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Brush Creek.....................  At the confluence with          None         +702  Sequatchie County.
                                       Sequatchie River.
                                      Just upstream of Union          None         +784
                                       Road.
Little Brush Creek..................  Approximately 0.4 miles         None         +791  Sequatchie County.
                                       downstream of Old
                                       Union Road.
                                      Approximately 588 feet          None         +825
                                       upstream of Old Union
                                       Road.
Sequatchie River....................  Just downstream of U.S.         None         +690  Sequatchie County.
                                       Highway 127.
                                      Approximately 651 feet          None         +702
                                       upstream of the
                                       confluence with Big
                                       Brush 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                   ADDRESSESS
Sequatchie County
Maps are available for inspection at the County Courthouse, 307 Cherry Street East, Dunlap, TN 37327.
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[[Page 24743]]

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

    Dated: May 14, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
 [FR Doc. E9-12108 Filed 5-22-09; 8:45 am]
BILLING CODE 9110-12-P