Proposed Rules. Proposed rule

Agency: Federal Emergency Management Agency, DHS
Action: Proposed rule
Citation: FR Doc. 2010-2493 · Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1091 · 44 CFR 67

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 May 6, 2010.

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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation ** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ‸ Elevation in meters (MSL) Effective Modified Communities affected Hot Spring County, Arkansas, and Incorporated Areas Chatman Creek Approximately 900 feet downstream of Grigsby Ford Road None +254 Unincorporated Areas of Hot Spring County. Just upstream of State Highway 9 None +307 Rockport Creek Approximately 2,300 feet downstream of Martin Luther King Boulevard None +260 Unincorporated Areas of Hot Spring County. Approximately 1,300 feet downstream of Martin Luther King Boulevard None +263 Town Creek Approximately 2,300 feet downstream of Walco Road None +253 Unincorporated Areas of Hot Spring County. Just downstream of Mount Willow Road None +298 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Hot Spring County Maps are available for inspection at 210 Locust Street, Malvern, AR 72104. Logan County, Arkansas, and Incorporated Areas Arkansas River Just upstream of State Highway 109 None +351 Town of Morrison Bluff. Booneville Creek Approximately 0.75 mile upstream of confluence with Petit Jean River None +443 City of Booneville. Booneville Creek Tributary No. 1 Just upstream of the City of Booneville/Logan County southeast boundary None +446 City of Booneville. Cane Creek Flooding effects near 5th Street and the Tributary of Cane Creek None +352 Town of Scranton. Flooding effects just southeast of 5th and Cherry Streets, near the Town of Scranton's southeast boundary None +355 Petit Jean River Just upstream of the City of Booneville/Logan County southeast boundary None +443 City of Booneville. Short Mountain Creek Tributary Just upstream of confluence with Short Mountain Creek None +375 Unincorporated Areas of Logan County. Just upstream of Cherry Street None +425 Approximately 1,800 feet upstream of Cherry Street None +432 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Booneville Maps are available for inspection at 497 East Main Street, Suite A, Booneville, AR 72927. Town of Morrison Bluff Maps are available for inspection at 22189 North Highway 109, Scranton, AR 72863. Town of Scranton Maps are available for inspection at 203 Park Avenue, Scranton, AR 72863. Unincorporated Areas of Logan County Maps are available for inspection at the OEM Training Center, 205 East Maple Street, Paris, AR 72855. St. James Parish, Louisiana, and Incorporated Areas Mississippi River Approximately 0.9 mile downstream of State Highway 3213 None +27 Unincorporated Areas of St. James Parish, Town of Gramercy, Town of Lutcher. Approximately 1.2 mile upstream of State Highway 3213 None +28 Storage Areas from the Gulf (D2G model) Approximately 1,079 feet south of State Highway 643 None +1 Unincorporated Areas of St. James Parish. Approximately 60 feet south of the intersection of Sidney Road and Missouri Pacific Railroad, along the east side of the rail line None +14 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Town of Gramercy Maps are available for inspection at 120 North Montz Avenue, Gramercy, LA 70052. Town of Lutcher Maps are available for inspection at 2500 Louisiana Avenue, Lutcher, LA 70071. Unincorporated Areas of St. James Parish Maps are available for inspection at 5800 Highway 44, Convent, LA 70723. Caddo County, Oklahoma, and Incorporated Areas Deer Creek East Tributary Approximately 250 feet upstream of N2480 Road +1,486 +1,484 Unincorporated Areas of Caddo County. Approximately 1,700 feet upstream of N2480 Road +1,501 +1,503 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Caddo County Maps are available for inspection at the County Courthouse, 201 West Oklahoma Avenue, Room 11, Anadarko, OK 73005. Hopkins County, Texas, and Incorporated Areas Coleman Creek Approximately 0.56 mile upstream of State Highway 19 None +437 Unincorporated Areas of Hopkins County. Approximately 600 feet upstream of State Highway 19 None +445 Gena Creek Just upstream of FM Road 1870 None +440 Unincorporated Areas of Hopkins County. Approximately 1.04 mile upstream of FM Road 1870 None +457 Rock Creek Just downstream of unnamed railroad None +421 Unincorporated Areas of Hopkins County. Approximately 500 feet upstream of Holiday Drive None +476 Turtle Creek Just upstream of State Highway 11 None +481 Unincorporated Areas of Hopkins County. Just upstream of unnamed railroad None +494 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Hopkins County Maps are available for inspection at the County Courthouse, 118 Church Street, Sulphur Springs, TX 75483. Robertson County, Texas, and Incorporated Areas Little Brazos River At the confluence with Lost Creek None +268 Unincorporated Areas of Robertson County. Just downstream of Gifford Hill Road None +276 Lost Creek At the confluence with the Little Brazos River None +268 Unincorporated Areas of Robertson County. Just downstream of Union Pacific Railroad None +272 Approximately 1,900 feet downstream of Black Jack Road None +305 Approximately 800 feet upstream of Old Henry Prairie Road None +338 Sandy Creek At the confluence with the Little Brazos River None +274 Unincorporated Areas of Robertson County. Just downstream of Vaughn Lane None +287 Just upstream of the Union Pacific Railroad None +302 Approximately 1,970 feet upstream of the confluence with Sandy Creek Tributary 3 None +320 Sandy Creek Tributary 2 At the confluence with Sandy Creek None +312 Unincorporated Areas of Robertson County. Approximately 1,400 feet upstream of the confluence with Sandy Creek None +314 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Robertson County Maps are available for inspection at P.O. Box 427, Franklin, TX 77856. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Sandra K. Knight, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-2493 Filed 2-4-10; 8:45 am]**