[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Proposed Rules]
[Pages 61371-61373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24866]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1142]


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 to 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 January 3, 2011.

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-1142, to 
Roy E. Wright, Deputy Director, Risk Analysis Division, Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-
mail) [email protected].

FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk 
Analysis Division, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-3461, 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 
also are used to calculate the appropriate flood insurance premium 
rates for new buildings built after these elevations are made final, 
and for the contents in those 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:


[[Page 61372]]


    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
----------------------------------------------------------------------------------------------------------------
                                St. Clair County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Black Creek.....................  Approximately 1.9 mile          None         +581  City of Trussville,
                                       downstream of Whites                               Town of Argo, Town of
                                       Chapel Parkway.                                    Margaret, Town of
                                                                                          Moody, Unincorporated
                                                                                          Areas of St. Clair
                                                                                          County.
                                      Approximately 3.1 miles         None         +648
                                       upstream of County
                                       Road 6.
Dye Creek...........................  At Golf Course Road....         None         +480  City of Pell City,
                                                                                          Unincorporated Areas
                                                                                          of St. Clair County.
                                      Approximately 0.8 mile          None         +591
                                       upstream of 16th
                                       Street.
Kelly Creek.........................  Approximately 0.4 mile          None         +466  Town of Moody,
                                       upstream of the Shelby                             Unincorporated Areas
                                       County boundary.                                   of St. Clair County.
                                      Approximately 0.6 mile          None         +764
                                       upstream of State
                                       Route 174.
Kerr Branch.........................  Approximately 0.5 mile          +676         +685  Town of Moody.
                                       downstream of Kelly
                                       Creek Road.
                                      Approximately 0.3 mile          None         +695
                                       upstream of Kelly
                                       Creek Road.
Little Black Creek..................  Approximately 110 feet          None         +594  Town of Margaret, Town
                                       downstream of Acmor                                of Moody,
                                       Road.                                              Unincorporated Areas
                                                                                          of St. Clair County.
                                      Approximately 2.5 miles         None         +860
                                       upstream of the
                                       railroad.
Middle Black Creek..................  Approximately 1.0 mile          None         +601  Town of Argo, Town of
                                       downstream of the                                  Margaret, Town of
                                       railroad bridge.                                   Odenville,
                                                                                          Unincorporated Areas
                                                                                          of St. Clair County.
                                      Approximately 3.8 miles         None         +727
                                       upstream of County
                                       Road 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
                                                    ADDRESSES
City of Pell City
Maps are available for inspection at 1905 1st Avenue North, Pell City, AL 35125.
 
City of Trussville
 
Maps are available for inspection at 131 Main Street, Trussville, AL 35173.
 
Town of Argo
Maps are available for inspection at 8885 Gadsden Highway, Argo, AL 35173.
 
Town of Margaret
Maps are available for inspection at 125 School Street, Margaret, AL 35112.
 
Town of Moody
Maps are available for inspection at 670 Park Avenue, Moody, AL 35004.
 
Town of Odenville
Maps are available for inspection at 183 Alabama Street, Odenville, AL 35120.
 
                                    Unincorporated Areas of St. Clair County
Maps are available for inspection at 165 5th Avenue, Suite 100, Ashville, AL 35953.
----------------------------------------------------------------------------------------------------------------
                                Madison County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Saint Francis River..........  Approximately 675 feet          None         +689  City of Fredericktown,
                                       downstream of U.S.                                 Unincorporated Areas
                                       Route 67.                                          of Madison County.

[[Page 61373]]

 
                                      Approximately 1.3 mile          None         +743
                                       downstream of County
                                       Road 220.
Little Saint Francis River Tributary  At the confluence with          +704         +700  City of Fredericktown,
 1.                                    the Little Saint                                   Unincorporated Areas
                                       Francis River.                                     of Madison County.
                                      Just downstream of              None         +769
                                       County Road 218.
Mill Creek (backwater effects from    From the confluence             None         +690  Unincorporated Areas of
 Little Saint Francis River).          with the Little Saint                              Madison County.
                                       Francis River to
                                       approximately 665 feet
                                       downstream of County
                                       Road 500.
Saline Creek........................  At the confluence with          +707         +703  Unincorporated Areas of
                                       the Little Saint                                   Madison County.
                                       Francis River.
                                      Approximately 550 feet          None         +736
                                       downstream of the
                                       confluence with Goose
                                       Creek.
Spiva Branch (backwater effects from  From the confluence             None         +692  Unincorporated Areas of
 Little Saint Francis River).          with the Little Saint                              Madison County.
                                       Francis River to just
                                       upstream of County
                                       Road 201.
Tollar Branch.......................  At the confluence with          +714         +713  City of Fredericktown,
                                       Saline Creek.                                      Unincorporated Areas
                                                                                          of Madison County.
                                      Approximately 1,310             None         +788
                                       feet upstream of Mine
                                       LaMotte Street.
Village Creek.......................  At the confluence with          +707         +704  City of Fredericktown,
                                       the Little Saint                                   Unincorporated Areas
                                       Francis River.                                     of Madison County.
                                      Just upstream of                +708         +707
                                       Catherine Mine 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Fredericktown
Maps are available for inspection at City Hall, 124 West Main Street, Fredericktown, MO 63645.
 
                                     Unincorporated Areas of Madison County
Maps are available for inspection at the Madison County Courthouse, 1 Courthouse Square, Fredericktown, MO
 63645.
----------------------------------------------------------------------------------------------------------------

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

    Dated: September 13, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-24866 Filed 10-4-10; 8:45 am]
BILLING CODE 9110-12-P