[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Proposed Rules]
[Pages 73393-73394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29698]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1085]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: On February 5, 2010, FEMA published in the Federal Register a 
proposed rule that contained an erroneous table. This notice provides 
corrections to that table, to be used in lieu of the information 
published at 75 FR 5909. The table provided here represents the 
flooding source, location of referenced elevations, effective and 
modified elevations, and community affected for Ballard County, 
Kentucky, and Incorporated Areas. Specifically, it addresses the 
following flooding sources: Cane Creek (backwater effects from 
Mississippi, Hazel Creek (backwater effects from Ohio River), Humphrey 
Creek (backwater effects from Ohio River), Humphrey Creek Tributary 9 
(backwater effects from Ohio River), Lucy Creek (backwater effects from 
Ohio River), Mississippi River, Ohio River, and Stovall Creek 
(backwater effects from Mississippi River.

DATES: Comments are to be submitted on or before March 11, 2013.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1085, to Luis Rodriguez, Chief, Engineering Management Branch, Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064 or 
(email) [email protected].

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472, (202) 646-4064 or (email) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) publishes proposed determinations of Base (1% annual-chance) 
Flood Elevations (BFEs) and modified BFEs for communities participating 
in the National Flood Insurance Program (NFIP), 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 minimum requirements. 
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.

Corrections

    In the proposed rule published at 75 FR 5909, in the February 5, 
2010, issue of the Federal Register, FEMA published a table under the 
authority of 44 CFR 67.4. The table, entitled ``Ballard County, 
Kentucky, and Incorporated Areas'' addressed the following flooding 
sources: Cane Creek (backwater effects from Mississippi, Hazel Creek 
(backwater effects from Ohio River), Humphrey Creek (backwater effects 
from Ohio River), Humphrey Creek Tributary 9 (backwater effects from 
Ohio River), Lucy Creek (backwater effects from Ohio River), 
Mississippi River, Ohio River, and Stovall Creek (backwater effects 
from Mississippi River. That table contained inaccurate information as 
to the communities affected for the flooding source the Mississippi 
River. In this notice, FEMA is publishing a table containing the 
accurate information, to address these prior errors. The information 
provided below should be used in lieu of that previously published.

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                                                                  * 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
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                                 Ballard County, Kentucky and Incorporated Areas
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Cane Creek (backwater effects from    From the confluence             +331         +330  Unincorporated Areas of
 Mississippi River).                   with Shawnee Creek                                 Ballard County.
                                       Slough to
                                       approximately 2.3
                                       miles upstream of
                                       confluence with
                                       Shawnee Creek Slough.
Hazel Creek (backwater effects from   From the confluence             +332         +331  Unincorporated Areas of
 Ohio River).                          with Brushy Pond Creek                             Ballard County.
                                       to approximately 3.2
                                       miles upstream of the
                                       confluence with Brushy
                                       Pond Creek.

[[Page 73394]]

 
Humphrey Creek (backwater effects     From the confluence             +332         +331  Unincorporated Areas of
 from Ohio River.                      with Lucy Creek to                                 Ballard County.
                                       approximately 2,007
                                       feet upstream of the
                                       confluence with Lucy
                                       Creek.
Humphrey Creek Tributary 9            From the confluence             +332         +331  Unincorporated Areas of
 (backwater effects from Ohio River).  with Humphrey Creek to                             Ballard County.
                                       approximately 1,320
                                       feet upstream of the
                                       confluence with
                                       Humphrey Creek.
Lucy Creek (backwater effects from    From the confluence             +332         +331  Unincorporated Areas of
 Ohio River).                          with Humphrey Creek to                             Ballard County.
                                       approximately 0.45
                                       mile upstream of the
                                       confluence with
                                       Humphrey Creek.
Mississippi River...................  Approximately 3.5 miles         +330         +329  City of Wickliffe,
                                       downstream of the                                  Unincorporated Areas
                                       confluence with the                                of Ballard County.
                                       Ohio River.
                                      Approximately 0.5 mile          +331         +330
                                       upstream of the
                                       confluence with the
                                       Ohio River.
Ohio River..........................  Approximately 3.0 miles         +331         +330  Unincorporated Areas of
                                       upstream of the                                    Ballard County.
                                       confluence with the
                                       Mississippi River.
                                      Approximately 6.3 miles         +335         +334
                                       upstream of Lock and
                                       Dam 53.
Stovall Creek (backwater effects      From the confluence             +330         +329  Unincorporated Areas of
 from Mississippi River).              with the Mississippi                               Ballard County.
                                       River to approximately
                                       1 mile upstream of
                                       Mayfield Road.
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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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Wickliffe
Maps are available for inspection at 321 Court Street, Wickliffe, KY 42087.
 
                                     Unincorporated Areas of Ballard County
 
Maps are available for inspection at 134 North 4th Street, Wickliffe, KY 42087.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: November 8, 2012.
James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2012-29698 Filed 12-7-12; 8:45 am]
BILLING CODE 9110-12-P