[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Proposed Rules]
[Pages 47179-47184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22112]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1068]


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

[[Page 47180]]

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-1068, 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) [email protected].

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) [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)  
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation **       ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Franklin County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Flooding Effects of Arkansas River    Approximately 682 feet          None         +382  Unincorporated Areas of
 into a previous shaded X zone         downstream of the                                  Franklin County.
 downstream of the confluence of       Missouri Pacific
 White Oak Creek.                      Railroad.
                                      Just downstream of the          None         +382
                                       Missouri Pacific
                                       Railroad.
Flooding effects of the Arkansas      Approximately 0.5 miles         None         +381  Unincorporated Areas of
 River into a previous shaded X zone   downstream of the                                  Franklin County.
 downstream of the confluence of       Missouri Pacific
 White Oak Creek.                      Railroad.
                                      Just downstream of the          None         +381
                                       Missouri Pacific
                                       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.
 

[[Page 47181]]

 
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 Franklin County
Maps are available for inspection at 211 West Commercial Street, Ozark, AR 72949.
----------------------------------------------------------------------------------------------------------------
                                Marshall County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Illinois River......................  Approximately 0.57              None         +461  City of Henry.
                                       miles downstream of
                                       Illinois State Highway
                                       18.
                                      Approximately 0.69              None         +461
                                       miles upstream of
                                       Illinois State Highway
                                       18.
Illinois River......................  Approximately 0.73              None         +461  City of Lacon.
                                       miles downstream of
                                       Illinois State Highway
                                       17.
                                      Approximately 0.83              None         +461
                                       miles upstream of
                                       Illinois State Highway
                                       17.
----------------------------------------------------------------------------------------------------------------
* 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 Henry
Maps are available for inspection at City Hall, 426 East Park Row, Henry, IL 61537.
 
City of Lacon
Maps are available for inspection at City Hall, 406 5th Street, Lacon, IL 61540.
----------------------------------------------------------------------------------------------------------------
                                    Cass County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Baughmans Creek.....................  Just upstream of 540th          None       +1,091  Unincorporated Areas of
                                       Street.                                            Cass County.
                                      Approximately 900 feet          None       +1,098
                                       downstream of Adair
                                       Street.
                                      Approximately 400 feet          None       +1,103
                                       downstream of Main
                                       Street.
                                      Approximately 650 feet          None       +1,106
                                       upstream of Main
                                       Street.
East Nishnabotna River..............  Just upstream of Jasper         None       +1,136  Unincorporated Areas of
                                       Road.                                              Cass County.
                                      Just downstream of the          None       +1,154
                                       confluence with
                                       Troublesome Creek.
Troublesome Creek...................  Just upstream of the            None       +1,154  Unincorporated Areas of
                                       confluence with East                               Cass County.
                                       Nishnabotna River.
                                      Just upstream of Olive          None       +1,154
                                       Street.
                                      Approximately 0.4 miles         None       +1,163
                                       upstream of 635th
                                       Street.
                                      Approximately 0.5 miles         None       +1,163
                                       upstream of 635th
                                       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
 
                                       Unincorporated Areas of Cass County
Maps are available for inspection at 5 West 7th Street, Atlantic, IA 50022.
----------------------------------------------------------------------------------------------------------------

[[Page 47182]]

 
                             Natchitoches Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Jacko.........................  Just upstream of                None         +110  Unincorporated Areas of
                                       Lafayette Street.                                  Natchitoches Parish.
                                      Approximately 200 feet          None         +124
                                       upstream of Bowena
                                       Street.
Bayou Julien Tributary..............  Approximately 725 feet          None         +107  Unincorporated Areas of
                                       upstream of State                                  Natchitoches Parish.
                                       Highway 478.
                                      Just downstream of              None         +114
                                       Fairgrounds 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 Natchitoches Parish
 
Maps are available for inspection at the Police Jury, 200 Church Street, Natchitoches, LA 71457.
----------------------------------------------------------------------------------------------------------------
                               Winston County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hughes Creek........................  Approximately 1,193             None         +487  Unincorporated Areas of
                                       feet upstream from the                             Winston County.
                                       confluence of Stream 2.
                                      Approximately 1,534             None         +488
                                       feet upstream from the
                                       confluence of Stream 2.
Stream 1............................  Approximately 96 feet           None         +497  Unincorporated Areas of
                                       downstream of Files                                Winston County.
                                       Road.
                                      Approximately 222 feet          None         +498
                                       upstream of Files Road.
Stream 2............................  Approximately 1,079             None         +484  Unincorporated Areas of
                                       feet upstream from the                             Winston County.
                                       confluence of Hughes
                                       Creek.
                                      Approximately 1,380             None         +485
                                       feet upstream from the
                                       confluence of Hughes
                                       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 Winston County
Maps are available for inspection at the County Courthouse, 115 West Main Street, Louisville, MS 39339.
----------------------------------------------------------------------------------------------------------------
                                 Adair County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
8th Street Tributary................  At the confluence of            None       +1,055  Unincorporated Areas of
                                       Caney Creek and 8th                                Adair County, City of
                                       Street Tributary.                                  Stilwell.
                                      Just downstream of 8th          None       +1,069
                                       Street.
Caney Creek.........................  Approximately 1,926             None         +977  Unincorporated Areas of
                                       feet downstream of the                             Adair County, City of
                                       4696 Road.                                         Stilwell.
                                      Just upstream of              +1,111       +1,118
                                       Oklahoma 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.

[[Page 47183]]

 
** 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 Stilwell
Maps are available for inspection at 503 West Division Street, City Clerk's Office, Stilwell, OK 74960.
 
                                      Unincorporated Areas of Adair County
Maps are available for inspection at Commissioners Office, 2nd and Division Street, Stilwell, OK 74960.
----------------------------------------------------------------------------------------------------------------
                                 Perry County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tennessee River.....................  Approximately 15 miles          None         +375  Unincorporated Areas of
                                       downstream of U.S.                                 Perry County.
                                       Highway 412.
                                      Approximately 18.2              None         +386
                                       miles upstream of U.S.
                                       Highway 412.
----------------------------------------------------------------------------------------------------------------
* 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 Perry County
Maps are available for inspection at 121 East Main Street, Linden, TN 37096.
----------------------------------------------------------------------------------------------------------------
                                   Hill County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hackberry Creek.....................  Approximately 1,000             None         +557  Unincorporated Areas of
                                       feet downstream of                                 Hill County.
                                       Tributary of Hackberry
                                       Creek.
                                      Just upstream of                None         +563
                                       confluence with Little
                                       Hackberry Creek.
Little Hackberry Creek..............  At the confluence of            None         +563  Unincorporated Areas of
                                       Hackberry Creek.                                   Hill County.
                                      Approximately 1,500             None         +568
                                       feet upstream of
                                       confluence with Pecan
                                       Creek.
Pecan Creek.........................  At the confluence of            None         +568  Unincorporated Areas of
                                       Little Hackberry Creek.                            Hill County.
                                      Just upstream of State          None         +579
                                       Highway 171.
Stream WC-1A........................  Approximately 850 feet          None         +587  Unincorporated Areas of
                                       upstream of State                                  Hill County.
                                       Highway Spur 180.
                                      Approximately 750 feet          None         +597
                                       downstream of County
                                       Road 1244.
----------------------------------------------------------------------------------------------------------------
* 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 Hill County
Maps are available for inspection at the Hill County Courthouse, 201 East Franklin Street, Hillsboro, TX 76645.
----------------------------------------------------------------------------------------------------------------

[[Page 47184]]

 
                                  Upshur County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Victory Branch......................  Approximately 680 feet          None         +315  Unincorporated Areas of
                                       downstream of Salt                                 Upshur County.
                                       Water Road.
                                      Approximately 650 feet          None         +315
                                       downstream of Salt
                                       Water 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 Upshur County
Maps are available for inspection at the County Courthouse, 100 West Tyler Street, Gilmer, TX 75644.
----------------------------------------------------------------------------------------------------------------

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

Edward L. Connor,
Acting Assistant Administrator for Mitigation, Mitigation Directorate, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-22112 Filed 9-14-09; 8:45 am]
BILLING CODE 9110-12-P