
[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Proposed Rules]               
[Page 31377-31383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn10-30]                         

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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-1109]

 
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 September 1, 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-1109, 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 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.

[[Page 31378]]

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         ground  [caret]Elevation in    Communities affected
                                     referenced elevation           meters (MSL)
                                                          --------------------------------
                                                              Effective       Modified
----------------------------------------------------------------------------------------------------------------
                               Franklin Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ash Slough........................  Just upstream of                 None             +69  Unincorporated Areas
                                     Riser Road.                                            of Franklin Parish.
                                    Approximately 700                None             +70
                                     feet downstream of
                                     Wyman Road.
Batey Bayou.......................  Just downstream of               None             +65  Town of Wisner,
                                     Kansas Street.                                         Unincorporated Areas
                                                                                            of Franklin Parish.
                                    Approximately 800                None             +72
                                     feet upstream of
                                     State Highway 15.
Cypress Slough....................  Just upstream of                 None             +65  Unincorporated Areas
                                     Kansas Street.                                         of Franklin Parish.
                                    Just downstream of               None             +73
                                     Maple Street.
Turkey Creek......................  Approximately 500                None             +64  Unincorporated Areas
                                     feet upstream of                                       of Franklin Parish.
                                     Highway 3201.
                                    Approximately 0.5                None             +69
                                     mile upstream of
                                     Alice Shaw 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

Town of Wisner
Maps are available for inspection at the Town Hall, 9530 Natchez Street, Wisner, LA 71378.

                                    Unincorporated Areas of Franklin Parish.
Maps are available for inspection at the Franklin Parish Police Jury, 6558 Main Street, Winnsboro, LA 71295.
----------------------------------------------------------------------------------------------------------------

                                Madison Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Macon.......................  Just upstream of                 None             +75  Unincorporated Areas
                                     Atkins Road.                                           of Madison Parish.
                                    Just downstream of               None             +79
                                     Bryant 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 Madison Parish
Maps are available for inspection at Madison Parish Police Jury, 100 North Cedar Street, Tallulah, LA 71282.


[[Page 31379]]


                                Gallatin County, Montana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bridger Creek.....................  Approximately 1.0               +4687           +4688  City of Bozeman.
                                     mile downstream of
                                     Story Mill Road.
                                    Just downstream of              +4730           +4731
                                     Story Mill Road.
Buster Gulch......................  Approximately 0.9               +4478           +4480  Unincorporated Areas
                                     mile upstream of                                       of Gallatin County.
                                     Airport Road.
                                    Approximately 4.2                None           +4568
                                     miles upstream of
                                     Airport Road.
East Gallatin River...............  Just downstream of              +4461           +4463  City of Bozeman,
                                     Airport Road.                                          Unincorporated Areas
                                                                                            of Gallatin County.
                                    Approximately 2.1               +4789           +4791
                                     miles downstream of
                                     Story Hill Road.
East Gallatin River Golf Course     Just upstream of the             None           +4604  City of Bozeman.
 Reach.                              confluence with East
                                     Gallatin River
                                     Springhill Reach.
                                    Approximately 0.5                None           +4617
                                     mile upstream of the
                                     confluence with East
                                     Gallatin River
                                     Springhill Reach.
East Gallatin River Overflow Reach  Approximately 1,300              None           +4596  City of Bozeman,
                                     feet downstream of                                     Unincorporated Areas
                                     Springhill Road.                                       of Gallatin County.
                                    Approximately 2.6                None           +4674
                                     miles upstream of
                                     Springhill Road.
East Gallatin River Spillway Reach  Just upstream of the             None           +4591  City of Bozeman.
                                     confluence with East
                                     Gallatin River
                                     Overflow Reach.
                                    Approximately 0.5                None           +4603
                                     mile upstream of the
                                     confluence with East
                                     Gallatin River
                                     Overflow Reach.
East Gallatin River Springhill      Just upstream of the             None           +4594  City of Bozeman.
 Reach.                              confluence with the
                                     East Gallatin River.
                                    Just downstream of               None           +4604
                                     the confluence with
                                     East Gallatin River
                                     Golf Course Reach.
Jefferson River...................  Approximately 0.6               +4058           +4061  Unincorporated Areas
                                     mile downstream of                                     of Gallatin County.
                                     Old Town Road.
                                    Approximately 120               +4088           +4090
                                     feet upstream of
                                     Frontage Road.
Madison River.....................  Approximately 0.8               +4054           +4058  Unincorporated Areas
                                     mile downstream of                                     of Gallatin County.
                                     Frontage Road.
                                    Approximately 1.2               +4081           +4083
                                     mile upstream of
                                     I[dash]90.
----------------------------------------------------------------------------------------------------------------
* 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 Bozeman
Maps are available for inspection at 411 East Main Street, Bozeman, MT 59771.

                                     Unincorporated Areas of Gallatin County
Maps are available for inspection at 311 West Main Street, Bozeman, MT 59771.
----------------------------------------------------------------------------------------------------------------


[[Page 31380]]


                               Lincoln County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brady Canyon......................  At the confluence               +6744           +6746  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                            Village of Ruidoso.
                                    Approximately 1,100              None           +6948
                                     feet upstream of Ash
                                     Drive.
Carrizo Creek.....................  At the confluence               +6552           +6553  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                            Village of Ruidoso.
                                    Just upstream of                +6749           +6751
                                     Carrizo Canyon Road.
Cedar Creek.......................  At the confluence               +6530           +6534  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                            Village of Ruidoso.
                                    Approximately 500                None           +7160
                                     feet upstream of
                                     Musket Ball Drive.
Cherokee Bill Canyon..............  At the confluence               +6445           +6446  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                            Village of Ruidoso.
                                    Approximately 1,800             +6690           +6693
                                     feet upstream of
                                     Dunagan Trail.
Musketball Creek..................  Just upstream of                 None           +7150  Unincorporated Areas
                                     Cedar Creek Drive.                                     of Lincoln County.
                                    Approximately 285                None           +7216
                                     feet upstream of
                                     Musketball Drive.
North Fork Cedar Creek............  Approximately 1,750              None           +7160  Unincorporated Areas
                                     feet downstream of                                     of Lincoln County.
                                     Spring Canyon Road.
                                    Just downstream of               None           +7302
                                     Watson Road.
Rio Bonito........................  Approximately 650                None           +6845  Unincorporated Areas
                                     feet downstream of                                     of Lincoln County.
                                     State Highway 48.
                                    Just downstream of               None           +7318
                                     the Bonito Lake Dam.
Rio Ruidoso.......................  Approximately 1.0                None           +5188  Unincorporated Areas
                                     mile downstream of                                     of Lincoln County,
                                     County Road 17.                                        Village of Ruidoso,
                                                                                            Village of Ruidoso
                                                                                            Downs.
                                    Approximately 800               +7167           +7168
                                     feet upstream of
                                     Malone Road.
Salado Creek......................  Approximately 320                None           +6382  Unincorporated Areas
                                     feet upstream of                                       of Lincoln County,
                                     U.S. Route 380.                                        Village of Capitan.
                                    Approximately 110                None           +6484
                                     feet upstream of
                                     Dean Drive.
South Fork Cedar Creek............  Approximately 480                None           +7160  Unincorporated Areas
                                     feet downstream of                                     of Lincoln County.
                                     Chuck Wagon Road.
                                    Approximately 330                None           +7233
                                     feet upstream of
                                     Jarratt Drive.
----------------------------------------------------------------------------------------------------------------
* 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 31381]]


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 Lincoln County
Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM
 88345.

Village of Capitan
Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM
 88345.

Village of Ruidoso
Maps are available for inspection at 313 Cree Meadows Drive, Ruidoso, NM 88345.

Village of Ruidoso Downs
Maps are available for inspection at the Planning and Zoning Department, 313 Cree Meadows Drive, Ruidoso, NM
 88345.
----------------------------------------------------------------------------------------------------------------

                                 Fairfield County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Baltimore Tributary...............  At the confluence                None            +847  Unincorporated Areas
                                     with Pawpaw Creek.                                     of Fairfield County,
                                                                                            Village of
                                                                                            Baltimore.
                                    Approximately 0.41               None            +860
                                     mile downstream of
                                     Roley Road.
Buckeye Lake......................  Entire shoreline.....            None            +893  Unincorporated Areas
                                                                                            of Fairfield County,
                                                                                            Village of
                                                                                            Millersport.
Clark Run.........................  At the confluence                +807            +804  Unincorporated Areas
                                     with Rush Creek.                                       of Fairfield County.
                                    Approximately 586                +807            +805
                                     feet upstream of the
                                     confluence with Rush
                                     Creek.
Claypool Run......................  At the confluence                +839            +838  Unincorporated Areas
                                     with the Ohio Canal.                                   of Fairfield County.
                                    Approximately 200                None            +909
                                     feet downstream of
                                     Brook Road.
Crumley Creek.....................  At the confluence                +908            +905  Unincorporated Areas
                                     with Hunters Run.                                      of Fairfield County.
                                    Approximately 850                +908            +914
                                     feet upstream of the
                                     confluence with
                                     Hunters Run.
Georges Creek.....................  Approximately 1,588              +800            +798  City of Pickerington.
                                     feet downstream of
                                     Conrail Railroad.
                                    At the upstream side             None            +815
                                     of Pickerington
                                     Ridge Road.
Greenfield Creek..................  At the confluence                +833            +830  Unincorporated Areas
                                     with the Ohio Canal.                                   of Fairfield County.
                                    Approximately 1,400              None            +898
                                     upstream of Coonpath
                                     Road.
Greenfield Creek Escape...........  At the confluence                +840            +839  Unincorporated Areas
                                     with Claypool Run.                                     of Fairfield County.
                                    Approximately 2,000              +858            +854
                                     feet downstream of
                                     Election House Road.
Greenfield Creek Split............  At the confluence                None            +865  Unincorporated Areas
                                     with Greenfield                                        of Fairfield County.
                                     Creek.
                                    Approximately 2,000              None            +872
                                     feet upstream of the
                                     confluence with
                                     Greenfield Creek.
Hocking River.....................  Approximately 100                +807            +808  City of Lancaster,
                                     feet downstream of                                     Unincorporated Areas
                                     Sugar Grove Road.                                      of Fairfield County.
                                    Approximately 650                None            +886
                                     feet upstream of the
                                     confluence with
                                     Wilson Creek.

[[Page 31382]]


Hocking River Lateral D...........  At the confluence                +830            +826  City of Lancaster.
                                     with the Hocking
                                     River.
                                    Approximately 125                +834            +830
                                     feet downstream of
                                     Collins Road.
Hunters Run.......................  At the confluence                +819            +815  City of Lancaster,
                                     with the Hocking                                       Unincorporated Areas
                                     River.                                                 of Fairfield County.
                                    Approximately 250                None            +967
                                     feet downstream of
                                     Mt. Zion Road.
Ohio Canal........................  At the confluence                +831            +825  City of Lancaster,
                                     with the Hocking                                       Unincorporated Areas
                                     River.                                                 of Fairfield County.
                                    At the confluence                +841            +844
                                     with Ohio Canal
                                     Lateral A.
Ohio Canal Lateral A..............  At the confluence                +841            +844  Unincorporated Areas
                                     with the Ohio Canal.                                   of Fairfield County.
                                    Approximately 705                +846            +848
                                     feet downstream of
                                     U.S. Route 33.
Pawpaw Creek......................  At the confluence                None            +844  Unincorporated Areas
                                     with Walnut Creek.                                     of Fairfield County,
                                                                                            Village of
                                                                                            Baltimore.
                                    Approximately 1,169              None            +868
                                     feet upstream of
                                     North Main Street.
Rush Creek........................  Approximately 0.8                +802            +800  Unincorporated Areas
                                     mile downstream of                                     of Fairfield County.
                                     the confluence with
                                     Clark Run.
                                    Approximately 283                +807            +803
                                     feet upstream of the
                                     confluence with
                                     Clark Run.
South Fork Licking River..........  At the upstream side             +890            +886  Unincorporated Areas
                                     of Walnut Road at                                      of Fairfield County.
                                     the west crossing of
                                     the South Fork
                                     Licking River.
                                    At the upstream side             +885            +892
                                     of Walnut Road at
                                     the east crossing of
                                     the South Fork
                                     Licking River.
Stonewall Creek...................  At the confluence                +861            +860  Unincorporated Areas
                                     with Hunters Run.                                      of Fairfield County.
                                    Approximately 0.46               None            +899
                                     mile upstream of
                                     U.S. Route 22.
Sycamore Creek....................  At the confluence                +772            +773  City of Pickerington,
                                     with Walnut Creek.                                     Unincorporated Areas
                                                                                            of Fairfield County.
                                    Approximately 505                None           +1019
                                     feet upstream of
                                     DeCarlo Lane.
Tributary B.......................  At the upstream side             None            +791  Unincorporated Areas
                                     of Paradise Road.                                      of Fairfield County.
                                    Approximately 956                None            +791
                                     feet upstream of
                                     Paradise Road.
Unnamed Tributary to Sycamore       At the confluence                +840            +841  City of Pickerington,
 Creek.                              with Sycamore Creek.                                   Unincorporated Areas
                                                                                            of Fairfield County.
                                    Approximately 0.44               None            +881
                                     mile upstream of
                                     Doty Road.
Unnamed Tributary to Walnut Creek   At the confluence                None            +867  Unincorporated Areas
 (Backwater effects from Walnut      with Walnut Creek.                                     of Fairfield County,
 Creek).                                                                                    Village of Thurston.
                                    Approximately 1,240              None            +867
                                     feet upstream of the
                                     confluence with
                                     Walnut Creek.

[[Page 31383]]


Willow Run........................  At the confluence                +815            +816  City of Pickerington,
                                     with Sycamore Creek.                                   Unincorporated Areas
                                                                                            of Fairfield County.
                                    Approximately 250                None            +918
                                     feet downstream of
                                     Refugee Road.
Wilson Creek......................  At the confluence                None            +884  Unincorporated Areas
                                     with the Hocking                                       of Fairfield County.
                                     River.
                                    Approximately 200                None            +903
                                     feet downstream of
                                     Mt. Zion 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

City of Lancaster
Maps are available for inspection at 121 East Chestnut Street, Lancaster, OH 43130.

City of Pickerington
Maps are available for inspection at 100 Lockville Road, Pickerington, OH 43147.

                                    Unincorporated Areas of Fairfield County
Maps are available for inspection at 210 East Main Street, Lancaster, OH 43130.

Village of Baltimore
Maps are available for inspection at 103 West Market Street, Baltimore, OH 42105.

Village of Millersport
Maps are available for inspection at 2245 Refugee Street, Millersport, OH 43046.

Village of Thurston
Maps are available for inspection at 2215 Main Street, Thurston, OH 43157.

----------------------------------------------------------------------------------------------------------------

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

    Dated: May 14, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-13269 Filed 6-2-10; 8:45 am]
BILLING CODE 9110-12-P

