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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 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-1108, 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 also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are Start Printed Page 31362made 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.

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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:

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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.

End Authority
[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
Leake County, Mississippi, and Incorporated Areas
Pearl RiverApproximately 1.0 mile downstream of State Highway 35None+341City of Carthage.
Approximately 1.0 mile upstream of State Highway 35None+343
Tuscolameta CreekApproximately 555 feet downstream of State Highway 35None+356Town of Walnut Grove.
Approximately 0.5 mile upstream of State Highway 35None+357
* 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 Carthage
Maps are available for inspection at City Hall, 212 West Main Street, Carthage, MS 39051.
Town of Walnut Grove
Maps are available for inspection at the Town Hall, 139 Main Street, Walnut Grove, MS 38189.
Stone County, Mississippi, and Incorporated Areas
Church House BranchApproximately 0.5 mile downstream of East 5th AvenueNone+211City of Wiggins.
Approximately 385 feet upstream of East Borders AvenueNone+245
Flint CreekApproximately 574 feet downstream of Clubhouse DriveNone+171City of Wiggins, Unincorporated Areas of Stone County.
Approximately 1,290 feet upstream of State Highway 29None+187
Flint Creek Tributary 2At the confluence with Flint CreekNone+174City of Wiggins.
Approximately 350 feet upstream of Annis LaneNone+254
Four Mile CreekApproximately 1 mile downstream of South Azalea DriveNone+168City of Wiggins, Unincorporated Areas of Stone County.
Approximately 345 feet upstream of West Miles AvenueNone+261
Four Mile Creek Tributary 1At the confluence with Four Mile CreekNone+214City of Wiggins.
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Approximately 1,845 feet upstream of West Bond AvenueNone+261
Red Creek TributaryApproximately 0.5 mile downstream of Mill AvenueNone+166City of Wiggins, Unincorporated Areas of Stone County.
Approximately 1,345 feet upstream of State Highway 29None+220
* 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 Wiggins
Maps are available for inspection at City Hall, 117 North 1st Street, Wiggins, MS 39577.
Unincorporated Areas of Stone County
Maps are available for inspection at the Stone County Courthouse, 323 East Cavers Street, Wiggins, MS 39577.
Franklin County, Missouri, and Incorporated Areas
Birch CreekApproximately 0.4 mile downstream of Denmark RoadNone+499City of Union, Unincorporated Areas of Franklin County.
Approximately 440 feet downstream of Prairie Dell RoadNone+543
Bourbeuse River TributaryApproximately 0.6 mile upstream of the confluence with the Bourbeuse RiverNone+500City of Union, Unincorporated Areas of Franklin County.
Just downstream of Prairie Dell RoadNone+550
Busch CreekAt the confluence with Dubois Creek+486+491City of Washington, Unincorporated Areas of Franklin County.
Approximately 460 feet upstream of Schroeder LaneNone+582
Dubois CreekApproximately 1,688 feet downstream of the confluence with Busch Creek+486+491City of Washington, Unincorporated Areas of Franklin County.
Just downstream of State Highway 100+486+491
Fiddle CreekApproximately 165 feet downstream of Labadie Bottom Road+479+483Unincorporated Areas of Franklin County.
Approximately 0.8 mile upstream of County Highway T+482+483
Labadie CreekAt the confluence with the Missouri River+481+485Unincorporated Areas of Franklin County.
Approximately 0.5 mile downstream of County Highway T+485+486
Little Tavern CreekApproximately 1.0 mile downstream of County Highway T+478+480Unincorporated Areas of Franklin County.
Approximately 0.5 mile downstream of County Highway T+478+480
Missouri RiverApproximately 3.3 miles downstream of the confluence with Fiddle Creek+474+476City of Berger, City of New Haven, City of Washington, Unincorporated Areas of Franklin County.
Approximately 0.6 mile downstream of the confluence with Little Berger Creek+514+516
Saint Johns CreekApproximately 1.2 mile downstream of West Link Drive+494+495City of Washington, Unincorporated Areas of Franklin County.
Approximately 1,475 feet downstream of State Highway 100+494+495
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South Branch Busch CreekAt the confluence with Busch Creek+486+491City of Washington, Unincorporated Areas of Franklin County.
Approximately 0.8 mile upstream of State Highway 100None+500
Southwest Branch Busch CreekAt the confluence with Busch Creek+486+493City of Washington, Unincorporated Areas of Franklin County.
Approximately 0.5 mile upstream of State Highway 47+513+514
Unnamed Tributary to Busch CreekAt the confluence with Busch CreekNone+537City of Washington, Unincorporated Areas of Franklin County.
Approximately 1,520 feet upstream of State Highway 100None+552
* 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 Berger
Maps are available for inspection at 405 Rosalie Avenue, Berger, MO 63014.
City of New Haven
Maps are available for inspection at 101 Front Street, New Haven, MO 63068.
City of Union
Maps are available for inspection at 500 East Locust Street, Union, MO 63084.
City of Washington
Maps are available for inspection at 405 Jefferson Street, Washington, MO 63090.
Unincorporated Areas of Franklin County
Maps are available for inspection at 8 North Church Street, Suite B, Union, MO 63084.
Tillamook County, Oregon, and Incorporated Areas
Dougherty SloughAt the confluence with Hoquarten Slough+14+16City of Tillamook, Unincorporated Areas of Tillamook County.
At the divergence from the Wilson River+31+33
Goodspeed Road Storage AreaApproximately 2,000 feet west along Sissek Road from Goodspeed RoadNone+14Unincorporated Areas of Tillamook County.
Hall SloughAt the confluence with the Wilson RiverNone+14City of Tillamook, Unincorporated Areas of Tillamook County.
Approximately 0.64 mile upstream of U.S. Route 101None+20
Hall Slough Left Bank OverflowAt the confluence with Outlet From Wilson River Loop Storage AreaNone+19Unincorporated Areas of Tillamook County.
At the divergence from Hall SloughNone+19
Hall Slough River Bank OverflowAt the confluence with Makinster Road Storage AreaNone+15City of Tillamook, Unincorporated Areas of Tillamook County.
Approximately 1,450 feet upstream of the Oregon Coast HighwayNone+18
Hoquarten SloughAt the confluence with the Trask River+13+15City of Tillamook, Unincorporated Areas of Tillamook County.
Approximately 500 feet upstream of the Wilson River RoadNone+27
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Hoquarten Slough Left Bank OverflowAt the confluence with Hoquarten SloughNone+16City of Tillamook, Unincorporated Areas of Tillamook County.
At the divergence from Hoquarten SloughNone+16
Hoquarten Slough Left Bank Storage AreaApproximately 1,300 feet west of the intersection of 1st Street and Birch AvenueNone+15City of Tillamook, Unincorporated Areas of Tillamook County.
Hoquarten Slough Right Bank OverflowAt the confluence with Hoquarten SloughNone+16City of Tillamook, Unincorporated Areas of Tillamook County.
At the divergence from Hoquarten SloughNone+18
Kilchis RiverApproximately 1,900 feet downstream of U.S. Route 101None+14Unincorporated Areas of Tillamook County.
Approximately 1.3 mile upstream of Myrtle CreekNone+56
Kilchis River Left Bank OverflowAt the confluence with the Kilchis RiverNone+28Unincorporated Areas of Tillamook County.
Approximately 1,700 feet upstream of Curil RoadNone+29
Makinster Road Storage AreaAt Makinster RoadNone+15City of Tillamook, Unincorporated Areas of Tillamook County.
Miami RiverJust downstream of U.S. Route 101+12+14City of Garibaldi, Unincorporated Areas of Tillamook County.
Approximately 1,200 feet upstream of New Miami River Road+88+86
Miami River Left Bank Overflow DownstreamAt the confluence with the Miami RiverNone+15Unincorporated Areas of Tillamook County.
Approximately 0.5 mile upstream of the confluence with Illingsworth CreekNone+22
Miami River Left Bank Overflow UpstreamAt the confluence with the Miami RiverNone+24Unincorporated Areas of Tillamook County.
Approximately 0.53 mile upstream of Moss Creek RoadNone+31
Old Trask RiverAt the confluence with the Tillamook RiverNone+15Unincorporated Areas of Tillamook County.
At the divergence from the Trask RiverNone+16
Old Trask River Overflow Outlet from Goodspeed Storage AreaAt the confluence with the Trask RiverNone+14Unincorporated Areas of Tillamook County.
At the divergence from Old Trask RiverNone+15
At the confluence with the Wilson RiverNone+14
Just downstream of Goodspeed RoadNone+15
Outlet from Wilson River Loop StorageAt the confluence with Dougherty SloughNone+20Unincorporated Areas of Tillamook County.
Approximately 400 feet downstream of Wilson River LoopNone+25
Overflow from Hall Slough Left Bank OverflowAt the confluence with Goodspeed Road Storage AreaNone+14City of Tillamook, Unincorporated Areas of Tillamook County.
Approximately 1,750 feet upstream of the Oregon Coast HighwayNone+18
Overflow from Wilson River Right Bank OverflowAt the confluence with the Wilson RiverNone+17Unincorporated Areas of Tillamook County.
Approximately 1,400 feet upstream of Boquist RoadNone+18
Overflow from Wilson River Split Flow 2At the confluence with the Tillamook RiverNone+14Unincorporated Areas of Tillamook County.
At the divergence from Wilson River Split Flow 2None+14
Overflow from Wilson River Split Flow 3Approximately 600 feet downstream of the divergence from Wilson River Split Flow 3None+14Unincorporated Areas of Tillamook County.
At the divergence from Wilson River Split Flow 3None+14
Stasek SloughApproximately 80 feet downstream of U.S. Route 101None+14Unincorporated Areas of Tillamook County.
Approximately 1,500 feet upstream of Alderbrook RoadNone+26
Tillamook Left Bank Storage AreaJust south of the intersection of Netars Highway and Abbey LaneNone+16Unincorporated Areas of Tillamook County.
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Tillamook RiverAt the confluence with Tillamook Bay+12+14Unincorporated Areas of Tillamook County.
Just downstream of Bewley Creek RoadNone+27
Tillamook River Left Bank OverflowAt the confluence with the Tillamook RiverNone+14Unincorporated Areas of Tillamook County.
At the divergence from the Tillamook RiverNone+14
Tillamook River Right Bank OverflowAt the confluence with the Tillamook River Road Storage AreaNone+16Unincorporated Areas of Tillamook County.
At the divergence from the Tillamook RiverNone+19
Tillamook River Road Storage AreaJust south of Matejeck RoadNone+16Unincorporated Areas of Tillamook County.
Trask RiverAt the confluence with the Tillamook River+12+14City of Tillamook, Unincorporated Areas of Tillamook County.
Approximately 600 feet upstream of Cedar CreekNone+95
Trask River Left Bank Overflow 1At the confluence with Tillamook River Right Bank OverflowNone+17Unincorporated Areas of Tillamook County.
Just downstream of Blimp BoulevardNone+29
Trask River Left Bank Overflow 2At the confluence with the Trask RiverNone+33Unincorporated Areas of Tillamook County.
Approximately 1,100 feet upstream of Long Prairie RoadNone+38
Trask River Right Bank OverflowAt the confluence with the Trask RiverNone+16City of Tillamook, Unincorporated Areas of Tillamook County.
Approximately 80 feet upstream of McCormick Loop RoadNone+24
Trask River Right Bank Overflow Storage AreaApproximately 600 feet south of the intersection of 12th Street and Marolf Loop RoadNone+24Unincorporated Areas of Tillamook County.
Trask River Right Bank Storage AreaApproximately 2,000 feet northeast along U.S. Route 101 from the intersection of Nelsen Road and U.S. Route 101None+24Unincorporated Areas of Tillamook County.
Trask River Split Flow to Tillamook RiverAt the confluence with the Tillamook RiverNone+14Unincorporated Areas of Tillamook County.
At the divergence from the Trask RiverNone+14
Wilson RiverApproximately 0.57 mile upstream of the confluence with Tillamook Bay+15+14City of Tillamook, Unincorporated Areas of Tillamook County.
Approximately 1,800 feet upstream of Mills Bridge+65+66
Wilson River Left Bank Overflow 1At the confluence with the Wilson RiverNone+34Unincorporated Areas of Tillamook County.
At the divergence from the Wilson RiverNone+41
Wilson River Left Bank Overflow 2At the confluence with Dougherty SloughNone+29Unincorporated Areas of Tillamook County.
Approximately 1,700 feet upstream of Donaldson RoadNone+37
Wilson River Loop Storage AreaApproximately 1,400 feet south along Wilson Loop Road from Sollie Smith RoadNone+32Unincorporated Areas of Tillamook County.
Wilson River Right Bank OverflowAt the confluence with the Wilson RiverNone+19Unincorporated Areas of Tillamook County.
At the divergence from the Wilson RiverNone+25
Wilson River Right Bank Storage AreaApproximately 650 feet south of the intersection of Aldercrest Road and Sollie Smith RoadNone+33Unincorporated Areas of Tillamook County.
Wilson River Split Flow 1At the convergence with the Wilson RiverNone+14Unincorporated Areas of Tillamook County.
At the divergence from the Wilson RiverNone+14
Wilson River Split Flow 2At the confluence with Tillamook BayNone+14Unincorporated Areas of Tillamook County.
At the divergence from the Wilson RiverNone+15
Wilson River Split Flow 2 and 3 Storage AreaJust east of Wilson River Split Flow 2None+14Unincorporated Areas of Tillamook County.
Wilson River Split Flow 3At the confluence with Wilson River Split Flow 2None+14Unincorporated Areas of Tillamook County.
At the divergence from the Wilson RiverNone+15
Wilson River Split Flow to Tillamook RiverAt the confluence with the Tillamook RiverNone+14Unincorporated Areas of Tillamook County.
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At the divergence from the Wilson RiverNone+14
* 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 Garibaldi
Maps are available for inspection at 107 6th Street, Garibaldi, OR 97118.
City of Tillamook
Maps are available for inspection at 210 Laurel Avenue, Tillamook, OR 97141.
Unincorporated Areas of Tillamook County
Maps are available for inspection at 201 Laurel Avenue, Tillamook, OR 97141.
Marlboro County, South Carolina, and Incorporated Areas
Great Pee Dee RiverApproximately 2.8 miles downstream of U.S. Route 1None+93Unincorporated Areas of Marlboro County.
Approximately 1.1 mile upstream of the confluence with Marks CreekNone+110
* 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 Marlboro County
Maps are available for inspection at the Marlboro County Courthouse, 105 Main Street, Bennettsville, SC 29512.
Union County, South Carolina, and Incorporated Areas
Broad RiverApproximately 10 feet downstream of State Highway 49None+367Township of Lockhart.
Approximately 1.1 mile upstream of State Highway 49None+412
CanalApproximately 28 feet downstream of State Highway 49None+393Township of Lockhart.
Just downstream of the Lockhart DamNone+409
* 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
Township of Lockhart
Maps are available for inspection at the Town Hall, 118 Mill Street, Lockhart, SC 29364.
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Dated: May 19, 2010.

Edward L. Connor,

Acting Federal Insurance and Mitigation Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. 2010-13266 Filed 6-2-10; 8:45 am]

BILLING CODE 9110-12-P