
[Federal Register: February 5, 2010 (Volume 75, Number 24)]
[Proposed Rules]               
[Page 5925-5929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe10-17]                         

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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-1091]

 
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

[[Page 5926]]

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.

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-1091, 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) kevin.long@dhs.gov.

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) kevin.long@dhs.gov.

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)  
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation **          Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Hot Spring County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chatman Creek.......................  Approximately 900 feet          None         +254  Unincorporated Areas of
                                       downstream of Grigsby                              Hot Spring County.
                                       Ford Road.
                                      Just upstream of State          None         +307
                                       Highway 9.
Rockport Creek......................  Approximately 2,300             None         +260  Unincorporated Areas of
                                       feet downstream of                                 Hot Spring County.
                                       Martin Luther King
                                       Boulevard.
                                      Approximately 1,300             None         +263
                                       feet downstream of
                                       Martin Luther King
                                       Boulevard.
Town Creek..........................  Approximately 2,300             None         +253  Unincorporated Areas of
                                       feet downstream of                                 Hot Spring County.
                                       Walco Road.
                                      Just downstream of              None         +298
                                       Mount Willow 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.


[[Page 5927]]


                                                    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          None         +351  Town of Morrison Bluff.
                                       Highway 109.
Booneville Creek....................  Approximately 0.75 mile         None         +443  City of Booneville.
                                       upstream of confluence
                                       with Petit Jean River.
Booneville Creek Tributary No. 1....  Just upstream of the            None         +446  City of Booneville.
                                       City of Booneville/
                                       Logan County southeast
                                       boundary.
Cane Creek..........................  Flooding effects near           None         +352  Town of Scranton.
                                       5th Street and the
                                       Tributary of Cane
                                       Creek.
                                      Flooding effects just           None         +355
                                       southeast of 5th and
                                       Cherry Streets, near
                                       the Town of Scranton's
                                       southeast boundary.
Petit Jean River....................  Just upstream of the            None         +443  City of Booneville.
                                       City of Booneville/
                                       Logan County southeast
                                       boundary.
Short Mountain Creek Tributary......  Just upstream of                None         +375  Unincorporated Areas of
                                       confluence with Short                              Logan County.
                                       Mountain Creek.
                                      Just upstream of Cherry         None         +425
                                       Street.
                                      Approximately 1,800             None         +432
                                       feet upstream of
                                       Cherry 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

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          None          +27  Unincorporated Areas of
                                       downstream of State                                St. James Parish, Town
                                       Highway 3213.                                      of Gramercy, Town of
                                                                                          Lutcher.
                                      Approximately 1.2 mile          None          +28
                                       upstream of State
                                       Highway 3213.
Storage Areas from the Gulf (D2G      Approximately 1,079             None           +1  Unincorporated Areas of
 model).                               feet south of State                                St. James Parish.
                                       Highway 643.
                                      Approximately 60 feet           None          +14
                                       south of the
                                       intersection of Sidney
                                       Road and Missouri
                                       Pacific Railroad,
                                       along the east side of
                                       the rail line.
----------------------------------------------------------------------------------------------------------------
* 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.


[[Page 5928]]


                                                    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        +1,486       +1,484  Unincorporated Areas of
                                       upstream of N2480 Road.                            Caddo County.
                                      Approximately 1,700           +1,501       +1,503
                                       feet upstream of N2480
                                       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 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         None         +437  Unincorporated Areas of
                                       upstream of State                                  Hopkins County.
                                       Highway 19.
                                      Approximately 600 feet          None         +445
                                       upstream of State
                                       Highway 19.
Gena Creek..........................  Just upstream of FM             None         +440  Unincorporated Areas of
                                       Road 1870.                                         Hopkins County.
                                      Approximately 1.04 mile         None         +457
                                       upstream of FM Road
                                       1870.
Rock Creek..........................  Just downstream of              None         +421  Unincorporated Areas of
                                       unnamed railroad.                                  Hopkins County.
                                      Approximately 500 feet          None         +476
                                       upstream of Holiday
                                       Drive.
Turtle Creek........................  Just upstream of State          None         +481  Unincorporated Areas of
                                       Highway 11.                                        Hopkins County.
                                      Just upstream of                None         +494
                                       unnamed 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.

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          None         +268  Unincorporated Areas of
                                       Lost Creek.                                        Robertson County.
                                      Just downstream of              None         +276
                                       Gifford Hill Road.
Lost Creek..........................  At the confluence with          None         +268  Unincorporated Areas of
                                       the Little Brazos                                  Robertson County.
                                       River.
                                      Just downstream of              None         +272
                                       Union Pacific Railroad.

[[Page 5929]]


                                      Approximately 1,900             None         +305
                                       feet downstream of
                                       Black Jack Road.
                                      Approximately 800 feet          None         +338
                                       upstream of Old Henry
                                       Prairie Road.
Sandy Creek.........................  At the confluence with          None         +274  Unincorporated Areas of
                                       the Little Brazos                                  Robertson County.
                                       River.
                                      Just downstream of              None         +287
                                       Vaughn Lane.
                                      Just upstream of the            None         +302
                                       Union Pacific Railroad.
                                      Approximately 1,970             None         +320
                                       feet upstream of the
                                       confluence with Sandy
                                       Creek Tributary 3.
Sandy Creek Tributary 2.............  At the confluence with          None         +312  Unincorporated Areas of
                                       Sandy Creek.                                       Robertson County.
                                      Approximately 1,400             None         +314
                                       feet upstream of the
                                       confluence with Sandy
                                       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 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]
BILLING CODE 9110-12-P

