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Proposed Rule

Proposed Flood Elevation Determinations

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Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

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 December 7, 2009.

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-1065, 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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

Start List of Subjects

List of Subjects in 44 CFR Part 67

End List of Subjects

Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

Start Authority

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.

End Authority
Start Printed Page 46069
[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)Communities affected
EffectiveModified
Colfax County, New Mexico, and Incorporated Areas
Ranton CreekApproximately 450 feet downstream of Kiowa AvenueNone+6541Unincorporated Areas of Colfax County.
Approximately 150 feet downstream of Kiowa AvenueNone+6547
* 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 Colfax County
Maps are available for inspection at the Floodplain Manager's Office, 116 South 3rd Street, Raton, NM 87740.
Luna County, New Mexico, and Incorporated Areas
Mimbres RiverApproximately 2.1 miles upstream of State Highway 549 Southeast+4152+4151Unincorporated Areas of Luna County.
Approximately 1,500 feet downstream of Interstate Highway 10+4280+4282
* 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 Luna County
Maps are available for inspection at 201 East Cody Street, Deming, NM 88030.
Taos County, New Mexico, and Incorporated Areas
Bitter CreekAt the confluence with Red River+8654+8659Town of Red River, Unincorporated Areas of Taos County.
Approximately 1,150 feet upstream of High CreekNone+8696
Red RiverJust upstream of High Cost Trail+8608+8612Town of Red River, Unincorporated Areas of Taos County.
Approximately 1.08 miles downstream of Goose Lake Trail 66None+8782
Rio LuceroAt the confluence with Rio Pueblo De TaosNone+6886Pueblo of Taos.
Approximately 0.56 miles upstream of Paseo Del Pueblo Norte RoadNone+6995
Rio Pueblo De TaosJust upstream of Karavas RoadNone+6886Town of Taos, Pueblo of Taos.
Approximately 600 feet downstream of Paseo Del Pueblo Norte RoadNone+6952
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
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⁁ 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 Taos
Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571.
Town of Red River
Maps are available for inspection at 100 East Main Street, Red River, NM 87558.
Town of Taos
Maps are available for inspection at the Planning Department, 400 Camino De La Placita, Taos, NM 87571.
Unincorporated Areas of Luna County
Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571.
Cannon County, Tennessee, and Incorporated Areas
East Fork Stones RiverApproximately 80 feet downstream of confluence with Lehman BranchNone+690Unincorporated Areas of Cannon County.
Approximately 40 feet upstream of Dolittle RoadNone+706
* 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 Cannon County
Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190.
Stewart County, Tennessee, and Incorporated Areas
Tennessee RiverCounty Boundary Between Houston/Stewart Counties, Tennessee (approximately River Mile 74.2)None+375Unincorporated Areas of Stewart County.
From the Kennedy/Tennessee state boundary (approximately River Mile 49.2)None+375
* 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 Stewart County
Maps are available for inspection at 226 Lakeview Drive, Dover, TN 37058.
DeWitt County, Texas, and Incorporated Areas
Gohlke CreekJust upstream of Old Clinton RoadNone+166Unincorporated Areas of DeWitt County.
Approximately 800 feet downstream of West Heaton StreetNone+167
SCS ChannelApproximately 1.1 miles downstream of Old Cheapside RoadNone+178Unincorporated Areas of DeWitt County.
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Approximately 650 feet downstream of Terrell StreetNone+184
* 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 DeWitt County
Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954.
Medina County, Texas, and Incorporated Areas
Burnt Boot CreekApproximately 1,570 feet downstream of the intersection of Thompson AvenueNone+634Unincorporated Areas of Medina County, City of Devine.
Approximately 0.54 miles upstream of the intersection of RM 92None+700
Chacon CreekApproximately 1.46 miles downstream of the intersection of Highway 81None+660Unincorporated Areas of Medina County, City of Natalia.
Approximately 698 feet upstream of the intersection of RM 139None+717
East Branch of Live Oak CreekApproximately 2.28 miles downstream of the intersection of Highway 90None+847Unincorporated Areas of Medina County, City of Hondo.
Approximately 2.02 miles upstream of the intersection of Highway 90None+913
Elm SloughApproximately 1.13 miles downstream of CR 446None+803Unincorporated Areas of Medina County, City of Hondo.
Approximately 1,987 feet upstream of Co. Highway 443None+888
Flat CreekApproximately 2.4 miles downstream of the intersection of Highway 90None+720Unincorporated Areas of Medina County, City of Castroville.
Approximately 1.7 miles upstream of the intersection of Highway 90None+784
Fort Ewell CreekJust upstream of the confluence of Chacon CreekNone+694Unincorporated Areas of Medina County, City of Natalia.
Just downstream of the intersection of RM 136None+701
Hondo CreekApproximately 0.50 miles downstream of CR 4526None+839Unincorporated Areas of Medina County.
Approximately 1.29 miles upstream of Vandenburg RoadNone+917
Hondo Creek TributaryApproximately 873 feet downstream of Highway 173None+862Unincorporated Areas of Medina County.
Approximately 0.62 miles upstream of Highway 173None+878
Kempf CreekJust upstream of the confluence of Medina RiverNone+758Unincorporated Areas of Medina County, City of Castroville.
Approximately 215 feet downstream of the intersection of Farm Road 471None+778
Little Live Oak Creek and flooding effectsApproximately 1.41 miles downstream of the intersection of CR 532None+812Unincorporated Areas of Medina County, City of Hondo.
Approximately 1,011 feet upstream of 19th StreetNone+897
Little Sous CreekApproximately 4,009 feet downstream of the intersection of Highway 90None+737Unincorporated Areas of Medina County.
Approximately 2.2 miles upstream of the intersection of Highway 90None+827
Medina RiverApproximately 0.60 miles downstream of the intersection of Lacoste RoadNone+689Unincorporated Areas of Medina County, City of Castroville.
Approximately 1.8 miles upstream of the confluence of Kempf CreekNone+767
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Parkers CreekApproximately 2.71 miles downstream of the intersection of FM 2200None+826Unincorporated Areas of Medina County.
Approximately 1.61 miles upstream of the intersection of Highway 90None+914
Polecat CreekApproximately 0.55 miles downstream of the intersection of Dhanis StreetNone+708Unincorporated Areas of Medina County, City of LaCoste.
Approximately 503 feet upstream of the intersection of FM 471None+722
San Fransisco Perez CreekApproximately 0.49 miles downstream of the intersection of RM 101None+646Unincorporated Areas of Medina County, City of Devine.
Approximately 1.1 miles upstream of the intersection of RM 90None+699
Seco CreekApproximately 5.94 miles downstream of the intersection of CR 512None+838Unincorporated Areas of Medina County.
Approximately 4.1 miles upstream of the intersection of CR 428None+935
South Fork San Geronimo CreekApproximately 786 feet downstream of the confluence of Unnamed Tributary 1 to South Fork San Geronimo CreekNone+1324Unincorporated Areas of Medina County.
Approximately 947 feet upstream of the confluence of Unnamed Tributary 2 to South Fork San Geronimo CreekNone+1407
South Polecat CreekApproximately 0.42 miles downstream of the intersection of Dhanis StreetNone+708Unincorporated Areas of Medina County, City of LaCoste.
Approximately 0.44 miles upstream of the intersection of Contis AvenueNone+730
Tehuacana CreekApproximately 1.24 miles downstream of the confluence of East Tehuacana CreekNone+623Unincorporated Areas of Medina County.
Just downstream of the confluence of West Fork Tehuacana CreekNone+660
Unnamed Tributary 1 to San Geronimo CreekApproximately 1.4 miles upstream of the confluence of San Geronimo CreekNone+1360Unincorporated Areas of Medina County.
Approximately 2.6 miles upstream of the confluence of San Geronimo CreekNone+1465
Unnamed Tributary 1 to South Fork San Geronimo CreekJust upstream of the confluence of South Fork San Geronimo CreekNone+1345Unincorporated Areas of Medina County.
Approximately 1,844 feet upstream of the confluence of South Fork San Geronimo CreekNone+1371
Unnamed Tributary 2 to South Fork San Geronimo CreekJust upstream of the confluence of South Fork San Geronimo CreekNone+1401Unincorporated Areas of Medina County.
Approximately 1,069 feet upstream of the confluence of South Fork San Geronimo CreekNone+1412
Unnamed Tributary 2 to San Geronimo CreekApproximately 779 feet upstream of the intersection of RT 37None+1295Unincorporated Areas of Medina County.
Approximately 0.65 miles upstream of the intersection of RT 37None+1339
Unnamed Tributary to Medina Diversion ReservoirApproximately 1,514 feet downstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion ReservoirNone+1159Unincorporated Areas of Medina County.
Approximately 1.4 miles upstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion ReservoirNone+1242
Unnamed Tributary to Unnamed Tributary to Medina Diversion ReservoirJust upstream of the confluence of Unnamed Tributary to Medina Diversion ReservoirNone+1173Unincorporated Areas of Medina County.
Approximately 0.8 miles upstream of the confluence of Unnamed Tributary to Medina Diversion ReservoirNone+1264
West Branch Little Live Oak CreekApproximately 0.57 miles downstream of intersection of CR 532None+832Unincorporated Areas of Medina County, City of Hondo.
Approximately 0.39 miles upstream of the intersection of CR 530None+885
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West Fork Tehuacana TributaryJust upstream of the confluence of West Fork Tehuacana CreekNone+668Unincorporated Areas of Medina County.
Approximately 0.62 miles upstream of CR 732None+699
West Prong Atascosa RiverApproximately 295 feet downstream of the intersection of Main StreetNone+693Unincorporated Areas of Medina County, City of Lytle.
Just downstream of the intersection of CR 681None+715
West Tehuacana CreekJust upstream of the confluence of Tehuacana CreekNone+662Unincorporated Areas of Medina County.
Approximately 1,258 feet upstream of the intersection of CR 732None+707
* 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 Castroville
Maps are available for inspection at 703 Paris Street, Castroville, TX 78009.
City of Devine
Maps are available for inspection at 303 South Teel Drive, Devine, TX 78016.
City of Hondo
Maps are available for inspection at 1600 Avenue M, Hondo, TX 78861.
City of LaCoste
Maps are available for inspection at 16004 South Front Street, LaCoste, TX 78039.
City of Lytle
Maps are available for inspection at 19325 FM 2790, Lytle, TX 78052.
City of Natalia
Maps are available for inspection at 300 3rd Street, Natalia, TX 78059.
Unincorporated Areas of Medina County
Maps are available for inspection at 709 Avenue Y, Hondo, TX 78861.
Washington County, Texas, and Incorporated Areas
Hog BranchApproximately 2,500 feet upstream of North Blue Bell RoadNone+240Unincorporated Areas of Washington County.
Approximately 1,000 feet upstream of North Blue Bell RoadNone+249
Little Sandy CreekApproximately 300 feet upstream of Old Independence RoadNone+240Unincorporated Areas of Washington County.
Approximately 200 feet downstream of Burleson StreetNone+278
* 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 Washington County
Maps are available for inspection at the County Courthouse, 100 East Main, Brenham, TX 77833.
Box Elder County, Utah, and Incorporated Areas
Box Elder CreekJust upstream of Watery LaneNone+4236City of Brigham City.
Upstream end of Mayor's Pond spillwayNone+4541
Start Printed Page 46074
* 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 Brigham City
Maps are available for inspection at 20 North Main Street, Brigham City, UT 84302.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. E9-21471 Filed 9-4-09; 8:45 am]

BILLING CODE 9110-12-P