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Proposed Rule

Proposed Flood Elevation Determinations

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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 Start Printed Page 47180participation 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 14, 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-1068, 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.

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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.

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List of Subjects in 44 CFR Part 67

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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:

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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.

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[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
Franklin County, Arkansas, and Incorporated Areas
Flooding Effects of Arkansas River into a previous shaded X zone downstream of the confluence of White Oak CreekApproximately 682 feet downstream of the Missouri Pacific RailroadNone+382Unincorporated Areas of Franklin County.
Just downstream of the Missouri Pacific RailroadNone+382
Flooding effects of the Arkansas River into a previous shaded X zone downstream of the confluence of White Oak CreekApproximately 0.5 miles downstream of the Missouri Pacific RailroadNone+381Unincorporated Areas of Franklin County.
Just downstream of the Missouri Pacific RailroadNone+381
* 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.
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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 Franklin County
Maps are available for inspection at 211 West Commercial Street, Ozark, AR 72949.
Marshall County, Illinois, and Incorporated Areas
Illinois RiverApproximately 0.57 miles downstream of Illinois State Highway 18None+461City of Henry.
Approximately 0.69 miles upstream of Illinois State Highway 18None+461
Illinois RiverApproximately 0.73 miles downstream of Illinois State Highway 17None+461City of Lacon.
Approximately 0.83 miles upstream of Illinois State Highway 17None+461
* 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 Henry
Maps are available for inspection at City Hall, 426 East Park Row, Henry, IL 61537.
City of Lacon
Maps are available for inspection at City Hall, 406 5th Street, Lacon, IL 61540.
Cass County, Iowa, and Incorporated Areas
Baughmans CreekJust upstream of 540th StreetNone+1,091Unincorporated Areas of Cass County.
Approximately 900 feet downstream of Adair StreetNone+1,098
Approximately 400 feet downstream of Main StreetNone+1,103
Approximately 650 feet upstream of Main StreetNone+1,106
East Nishnabotna RiverJust upstream of Jasper RoadNone+1,136Unincorporated Areas of Cass County.
Just downstream of the confluence with Troublesome CreekNone+1,154
Troublesome CreekJust upstream of the confluence with East Nishnabotna RiverNone+1,154Unincorporated Areas of Cass County.
Just upstream of Olive StreetNone+1,154
Approximately 0.4 miles upstream of 635th StreetNone+1,163
Approximately 0.5 miles upstream of 635th StreetNone+1,163
* 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 Cass County
Maps are available for inspection at 5 West 7th Street, Atlantic, IA 50022.
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Natchitoches Parish, Louisiana, and Incorporated Areas
Bayou JackoJust upstream of Lafayette StreetNone+110Unincorporated Areas of Natchitoches Parish.
Approximately 200 feet upstream of Bowena StreetNone+124
Bayou Julien TributaryApproximately 725 feet upstream of State Highway 478None+107Unincorporated Areas of Natchitoches Parish.
Just downstream of Fairgrounds RoadNone+114
* 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 Natchitoches Parish
Maps are available for inspection at the Police Jury, 200 Church Street, Natchitoches, LA 71457.
Winston County, Mississippi, and Incorporated Areas
Hughes CreekApproximately 1,193 feet upstream from the confluence of Stream 2None+487Unincorporated Areas of Winston County.
Approximately 1,534 feet upstream from the confluence of Stream 2None+488
Stream 1Approximately 96 feet downstream of Files RoadNone+497Unincorporated Areas of Winston County.
Approximately 222 feet upstream of Files RoadNone+498
Stream 2Approximately 1,079 feet upstream from the confluence of Hughes CreekNone+484Unincorporated Areas of Winston County.
Approximately 1,380 feet upstream from the confluence of Hughes CreekNone+485
* 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 Winston County
Maps are available for inspection at the County Courthouse, 115 West Main Street, Louisville, MS 39339.
Adair County, Oklahoma, and Incorporated Areas
8th Street TributaryAt the confluence of Caney Creek and 8th Street TributaryNone+1,055Unincorporated Areas of Adair County, City of Stilwell.
Just downstream of 8th StreetNone+1,069
Caney CreekApproximately 1,926 feet downstream of the 4696 RoadNone+977Unincorporated Areas of Adair County, City of Stilwell.
Just upstream of Oklahoma Street+1,111+1,118
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
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** 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 Stilwell
Maps are available for inspection at 503 West Division Street, City Clerk's Office, Stilwell, OK 74960.
Unincorporated Areas of Adair County
Maps are available for inspection at Commissioners Office, 2nd and Division Street, Stilwell, OK 74960.
Perry County, Tennessee, and Incorporated Areas
Tennessee RiverApproximately 15 miles downstream of U.S. Highway 412None+375Unincorporated Areas of Perry County.
Approximately 18.2 miles upstream of U.S. Highway 412None+386
* 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 Perry County
Maps are available for inspection at 121 East Main Street, Linden, TN 37096.
Hill County, Texas, and Incorporated Areas
Hackberry CreekApproximately 1,000 feet downstream of Tributary of Hackberry CreekNone+557Unincorporated Areas of Hill County.
Just upstream of confluence with Little Hackberry CreekNone+563
Little Hackberry CreekAt the confluence of Hackberry CreekNone+563Unincorporated Areas of Hill County.
Approximately 1,500 feet upstream of confluence with Pecan CreekNone+568
Pecan CreekAt the confluence of Little Hackberry CreekNone+568Unincorporated Areas of Hill County.
Just upstream of State Highway 171None+579
Stream WC-1AApproximately 850 feet upstream of State Highway Spur 180None+587Unincorporated Areas of Hill County.
Approximately 750 feet downstream of County Road 1244None+597
* 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 Hill County
Maps are available for inspection at the Hill County Courthouse, 201 East Franklin Street, Hillsboro, TX 76645.
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Upshur County, Texas, and Incorporated Areas
Victory BranchApproximately 680 feet downstream of Salt Water RoadNone+315Unincorporated Areas of Upshur County.
Approximately 650 feet downstream of Salt Water RoadNone+315
* 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 Upshur County
Maps are available for inspection at the County Courthouse, 100 West Tyler Street, Gilmer, TX 75644.

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

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Edward L. Connor,

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

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[FR Doc. E9-22112 Filed 9-14-09; 8:45 am]

BILLING CODE 9110-12-P