
[Federal Register: May 25, 2010 (Volume 75, Number 100)]
[Proposed Rules]               
[Page 29264-29268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my10-20]                         

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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-1112]

 
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 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 August 23, 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-1112, 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 
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 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
----------------------------------------------------------------------------------------------------------------
                                 Carter County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Barrett Creek (Backwater from Little  From the confluence             None         +581  Unincorporated Areas of
 Sandy River).                         with the Little Sandy                              Carter County.
                                       River to approximately
                                       0.5 mile upstream of
                                       Eagle Drive.
Bens Run (Backwater from Tygarts      From the confluence             None         +752  Unincorporated Areas of
 Creek).                               with Tygarts Creek to                              Carter County.
                                       approximately 0.6 mile
                                       upstream of the
                                       confluence with
                                       Tygarts Creek.

[[Page 29265]]


Big Sinking Creek (Backwater from     From the confluence             None         +610  Unincorporated Areas of
 Little Sandy River).                  with the Little Sandy                              Carter County.
                                       River to approximately
                                       0.5 mile upstream of
                                       the confluence with
                                       the Little Sandy River.
Davy Run (Backwater from Little Fork  From the confluence             None         +613  Unincorporated Areas of
 Little Sandy River).                  with Little Fork                                   Carter County.
                                       Little Sandy River to
                                       approximately 0.6 mile
                                       upstream of the
                                       confluence with Little
                                       Fork Little Sandy
                                       River.
Dry Branch (Backwater from Tygarts    From the confluence             None         +804  Unincorporated Areas of
 Creek).                               with Tygarts Creek to                              Carter County.
                                       just downstream of
                                       U.S. Route 60.
Fourmile Creek (Backwater from        From the confluence             None         +604  Unincorporated Areas of
 Little Sandy River).                  with the Little Sandy                              Carter County.
                                       River to approximately
                                       400 feet upstream of
                                       Glory Lane.
Huff Run (Backwater from Little Fork  From the confluence             None         +616  Unincorporated Areas of
 Little Sandy River).                  with Little Fork                                   Carter County.
                                       Little Sandy River to
                                       approximately 0.7 mile
                                       upstream of the
                                       confluence with Little
                                       Fork Little Sandy
                                       River.
Johns Run (Backwater from Little      From the confluence             None         +623  Unincorporated Areas of
 Fork Little Sandy River).             with Little Fork                                   Carter County.
                                       Little Sandy River to
                                       approximately 0.6 mile
                                       upstream of the
                                       confluence with Little
                                       Fork Little Sandy
                                       River.
Lost Creek (Backwater from Dry Fork)  From the confluence             None         +632  Unincorporated Areas of
                                       with Dry Fork to                                   Carter County.
                                       approximately 0.5 mile
                                       downstream of Eddie
                                       Dean Road.
Straight Creek (Backwater from        From the confluence             None         +609  Unincorporated Areas of
 Little Fork Little Sandy River).      with Little Fork                                   Carter County.
                                       Little Sandy River to
                                       approximately 1,750
                                       feet downstream of
                                       Mount Savage Lane.
Wolf Creek (Backwater from Little     From the confluence             None         +603  Unincorporated Areas of
 Sandy River).                         with the Little Sandy                              Carter County.
                                       River to approximately
                                       0.6 mile upstream of
                                       the confluence with
                                       the Little Sandy River.
----------------------------------------------------------------------------------------------------------------
* 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 Carter County
Maps are available for inspection at 300 West Main Street, Grayson, KY 41143.
----------------------------------------------------------------------------------------------------------------
                                 Butler County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Platte River........................  Approximately 100 feet          None       +1,309  Unincorporated Areas of
                                       downstream of the                                  Butler County.
                                       Saunders County
                                       boundary.
                                      Approximately 575 feet          None       +1,442
                                       downstream of the Polk
                                       County boundary.
----------------------------------------------------------------------------------------------------------------
* 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 Butler County
Maps are available for inspection at 451 North 5th Street, David City, NE 68632.
----------------------------------------------------------------------------------------------------------------
                                  Otoe County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Missouri River......................  At easternmost tip of           +913         +914  City of Nebraska City,
                                       the Otoe County limits.                            Unincorporated Areas
                                                                                          of Otoe County.
                                      At Nebraska Highway 2/          +930         +931
                                       Burlington Northern
                                       Railroad.
                                      At Everett Lane                 +940         +943
                                       extended.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

[[Page 29266]]


+ 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 Nebraska City
Maps are available for inspection at 1409 Central Avenue, Nebraska City, NE 68410.

                                       Unincorporated Areas of Otoe County
Maps are available for inspection at the Otoe County Courthouse, 1021 Central Avenue, Nebraska City, NE 68410.
----------------------------------------------------------------------------------------------------------------
                              Rio Arriba County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Llano Ditch Tributary...............  Just downstream of              None       +5,655  Unincorporated Areas of
                                       McCurdy Road Northwest.                            Rio Arriba County,
                                                                                          Pueblo of Ohkay
                                                                                          Owingeh.
                                      Just upstream of                None       +5,705
                                       Simmons Lane.
----------------------------------------------------------------------------------------------------------------
* 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

Pueblo of Ohkay Owingeh
Maps are available for inspection at the Governor's Office, 1 Kee Road, Espanola, NM 87532.

                                    Unincorporated Areas of Rio Arriba County
Maps are available for inspection at the County Clerk's Office, 1122 Industrial Park Road, Espanola, NM 87532.
----------------------------------------------------------------------------------------------------------------
                               Wake County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Basin 10, Stream 13.................  At the confluence with          +277         +276  Unincorporated Areas of
                                       Basin 10, Stream 14.                               Wake County.
                                      Approximately 1,400             +277         +276
                                       feet upstream of the
                                       confluence with Basin
                                       10, Stream 14.
Basin 10, Stream 14.................  Approximately 0.5 mile          +269         +268  Unincorporated Areas of
                                       upstream of the                                    Wake County.
                                       confluence with the
                                       Little River.
                                      At the Wake County              +306         +307
                                       boundary.
Horse Creek Tributary 1.............  At the downstream side          None         +341  Unincorporated Areas of
                                       of Keighley Forest                                 Wake County.
                                       Drive.
                                      Approximately 850 feet          None         +345
                                       upstream of Keighley
                                       Forest Drive.
Richland Creek......................  Approximately 850 feet          +302         +301  Town of Wake Forest.
                                       upstream of the
                                       confluence with
                                       Richland Creek
                                       Tributary 2.
                                      Approximately 500 feet          +312         +315
                                       downstream of the
                                       confluence with
                                       Hattles Branch.
Richland Creek Tributary 2..........  Approximately 750 feet          None         +301  Town of Wake Forest.
                                       upstream of the
                                       confluence with
                                       Richland Creek.
                                      Approximately 0.4 mile          None         +317
                                       upstream of the
                                       confluence with
                                       Richland 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.


[[Page 29267]]


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 Wake Forest
Maps are available for inspection at the Planning Department, 401 Elm Street, Wake Forest, NC 27587.

                                       Unincorporated Areas of Wake County
Maps are available for inspection at the Wake County Office Building, Environmental Services, 1st Floor, 337
 Salisbury Street, Raleigh, NC 27601.
----------------------------------------------------------------------------------------------------------------
                                Wagoner County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Adams Creek.........................  Approximately 717 feet          None         +600  Town of Fair Oaks.
                                       downstream of the
                                       confluence with School
                                       Creek.
                                      Approximately 0.61 mile         None         +605
                                       upstream of the
                                       confluence with School
                                       Creek.
Salt Creek..........................  Approximately 0.60 mile         None         +557  Town of Fair Oaks.
                                       downstream of 305th
                                       Avenue.
                                      Approximately 365 feet          None         +607
                                       upstream of 257th
                                       Avenue.
Verdigris River.....................  Approximately 245 feet          None         +516  Town of Okay.
                                       downstream of 72nd
                                       Street.
                                      Approximately 0.45 mile         None         +516
                                       upstream of 72nd
                                       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

Town of Fair Oaks
Maps are available for inspection at the Office of the County Commissioner, 219 South Missouri Street,
 Claremore, OK 74017.

Town of Okay
Maps are available for inspection at the Office of the County Commissioner, 306 East Cherokee Street, Wagoner,
 OK 74107.
----------------------------------------------------------------------------------------------------------------
                                   Erath County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
North Bosque River..................  Just upstream of East           None       +1,265  Unincorporated Areas of
                                       Lingleville Road.                                  Erath County.
                                      Approximately 0.5 mile          None       +1,276
                                       upstream of State
                                       Highway 108.
----------------------------------------------------------------------------------------------------------------
* 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 Erath County
Maps are available for inspection at the Erath County Courthouse, 100 West Washington, Stephenville, TX 76401.
----------------------------------------------------------------------------------------------------------------
                                 Limestone County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Salt River..........................  Just upstream of State          None         +473  Unincorporated Areas of
                                       Highway 14.                                        Limestone County.
                                      Approximately 0.66 mile         None         +483
                                       upstream of State
                                       Highway 14.
----------------------------------------------------------------------------------------------------------------
* 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 29268]]


** 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 Limestone County
Maps are available for inspection at the Limestone County Courthouse, 200 West State Street, Groesbeck, TX
 76642.
----------------------------------------------------------------------------------------------------------------

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

    Dated: May 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12490 Filed 5-24-10; 8:45 am]
BILLING CODE 9110-12-P

