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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 proposed rule 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 July 18, 2011.

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-1189, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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FOR FURTHER INFORMATION CONTACT:

Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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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.

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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
Madison County, Alabama, and Incorporated Areas
Aldridge Creek Tributary 1Approximately 1,700 feet downstream of Chaney Thompson RoadNone+579City of Huntsville.
At the downstream side of Chunn RoadNone+618
Aldridge Creek Tributary 10Approximately 0.4 mile downstream of Bailey Cove Road SoutheastNone+606City of Huntsville.
Approximately 270 feet downstream of Cross Creek Road SoutheastNone+691
Aldridge Creek Tributary 12At the downstream side of Airport RoadNone+622City of Huntsville.
Approximately 1,400 feet downstream of Four Mile Post RoadNone+719
Aldridge Creek Tributary 17Approximately 1,000 feet downstream of Toney Drive SoutheastNone+662City of Huntsville.
Approximately 70 feet downstream of Deborah Drive SoutheastNone+891
Aldridge Creek Tributary 8Approximately 500 feet downstream of Bailey Cove Road SoutheastNone+595City of Huntsville.
At the downstream side of Box Canyon Road SoutheastNone+707
Aldridge Creek Tributary 9Approximately 270 feet downstream of Bailey Cove Road SoutheastNone+596City of Huntsville.
At the upstream side of Vista Drive SoutheastNone+700
Barren Fork CreekAt the Indian Creek confluenceNone+569City of Huntsville, Town of Triana, Unincorporated Areas of Madison County.
At the Betts Spring Branch and Bradford Creek confluenceNone+571
Big Cove CreekApproximately 700 feet downstream of the Hays Preserve Trail+600+599City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.8 mile upstream of Dug Hill RoadNone+686
Big Cove Creek TributaryAt the Big Cove Creek confluenceNone+657City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.7 mile upstream of the Big Cove Creek confluenceNone+677
Blue Spring CreekApproximately 400 feet downstream of Timbercrest Drive Northwest+666+667City of Huntsville.
Approximately 110 feet upstream of Pulaski Pike Northwest+750+751
Bradford CreekApproximately 1,300 feet upstream of Palmer RoadNone+645City of Madison, Unincorporated Areas of Madison County.
Approximately 1,400 feet upstream of Gillespie RoadNone+705
Bradford Creek TributaryAt the Bradford Creek confluenceNone+676City of Madison, Unincorporated Areas of Madison County.
At the downstream side of Brownsville Ferry RoadNone+702
Broglan BranchApproximately 630 feet downstream of Governors Drive Southwest+608+605City of Huntsville.
Approximately 100 feet downstream of Mastin Lake RoadNone+728
Broglan Branch Tributary AApproximately 140 feet downstream of Oster DriveNone+647City of Huntsville.
Approximately 0.5 mile upstream of Commercial DriveNone+682
Broglan Branch Tributary BApproximately 520 feet downstream of Nevel DriveNone+709City of Huntsville.
At the downstream side of Kyle LaneNone+732
Buckhorn BranchApproximately 0.9 mile downstream of Shady Oak DriveNone+688Unincorporated Areas of Madison County.
Approximately 1,040 feet upstream of Maysville RoadNone+766
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Dallas BranchApproximately 580 feet downstream of Washington Street+629+628City of Huntsville.
Approximately 210 feet upstream of Saddletree BoulevardNone+837
Dallas Branch BypassApproximately 1,800 feet downstream of Church Street+619+617City of Huntsville.
Approximately 540 feet upstream of Dickson Street Northeast+641+642
Dallas Branch Tributary AApproximately 370 feet downstream of Halsey Avenue NortheastNone+647City of Huntsville.
Approximately 300 feet upstream of Vinyard Street NortheastNone+695
Dry Creek 1Approximately 1,680 feet downstream of Brandon Town Road+665+664City of Huntsville.
At the downstream side of Blake Bottom Road NorthwestNone+749
Dry Creek 1 Tributary AApproximately 500 feet downstream of Sparkman Drive NorthwestNone+695City of Huntsville.
Approximately 220 feet upstream of Campus RoadNone+746
Dry Creek 1 Tributary BApproximately 170 feet downstream of Dry Creek Drive NorthwestNone+709City of Huntsville.
Approximately 380 feet upstream of Terrell Drive NorthwestNone+736
East Fork Pinhook CreekApproximately 1,300 feet downstream of Medaris Road+680+679City of Huntsville.
Approximately 450 feet upstream of Spragins Hollow Road NorthwestNone+748
East Fork Pinhook Creek Tributary AApproximately 1,820 feet downstream of Ricky RoadNone+701City of Huntsville.
Approximately 0.4 mile upstream of Ricky RoadNone+738
Fagan CreekApproximately 710 feet downstream of Monroe Street+610+608City of Huntsville.
Approximately 0.7 mile upstream of Telfair Drive SoutheastNone+719
Flint RiverApproximately 300 feet upstream of Winchester Road NortheastNone+673Unincorporated Areas of Madison County.
Approximately 3.0 miles upstream of Carriger RoadNone+767
Glover Cove CreekApproximately 0.5 mile downstream of Old Highway 431None+587Town of Owens Cross Roads, Unincorporated Areas of Madison County.
Approximately 750 feet upstream of Old Gurley PikeNone+627
Huntsville Spring BranchApproximately 890 feet downstream of Drake Avenue+594+593City of Huntsville, Unincorporated Areas of Madison County.
At the downstream side of Williams Avenue Southwest+609+608
Hurricane CreekApproximately 0.9 mile downstream of Little Cove RoadNone+612Town of Gurley, Unincorporated Areas of Madison County.
Approximately 1,020 feet downstream of County Lake RoadNone+663
Indian CreekApproximately 0.8 mile downstream of I-565None+606City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.6 mile upstream of Old Monrovia Road NorthwestNone+712
Knox CreekAt the upstream side of Dupree Worthey RoadNone+657City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.4 mile downstream of Wall Triana Highway+730+732
Limestone CreekApproximately 0.8 mile upstream of Lee HighwayNone+649City of Huntsville.
Approximately 1.6 miles upstream of Capshaw RoadNone+672
Lollar BranchApproximately 0.8 mile downstream of Winchester RoadNone+684Unincorporated Areas of Madison County.
Approximately 1.3 miles upstream of Maysville RoadNone+786
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McDonald CreekApproximately 1,950 feet downstream of Centaur Boulevard SouthwestNone+581City of Huntsville, Unincorporated Areas of Madison County.
Approximately 70 feet upstream of Galaxy WayNone+692
Mill Creek TributaryApproximately 0.9 mile downstream of Bridgefield RoadNone+677City of Madison.
At the downstream side of Millsford DriveNone+749
Miller BranchApproximately 1,700 feet downstream of Wall Triana Highway+571+570City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.6 mile downstream of County Road 127None+574
Molder BranchApproximately 2.2 miles downstream of Bob Stiles RoadNone+658Unincorporated Areas of Madison County.
At the downstream side of Bob Stiles RoadNone+680
Moore BranchApproximately 1.1 miles downstream of Powell RoadNone+590City of Madison.
Approximately 0.4 mile downstream of Powell RoadNone+603
Mountain Brook BranchApproximately 1,100 feet downstream of Clermont Drive+647+651City of Huntsville.
Approximately 1,700 feet upstream of Darnell Street SoutheastNone+735
Mountain ForkApproximately 0.5 mile downstream of Oscar Patterson RoadNone+692Unincorporated Areas of Madison County.
Approximately 470 feet upstream of Mountain Fork RoadNone+774
Normal BranchApproximately 1,100 feet downstream of Max Luther Drive NorthwestNone+643City of Huntsville.
Approximately 130 feet upstream of Winchester RoadNone+737
Normal Branch DiversionAt the Normal Branch confluenceNone+637City of Huntsville.
At the Pinhook Creek confluenceNone+643
Normal Branch Tributary AApproximately 950 feet downstream of Mastin Lake Road NorthwestNone+667City of Huntsville, Unincorporated Areas of Madison County.
Approximately 910 feet upstream of Hi-Lo North CircleNone+748
Oakland Spring BranchAt the upstream side of Powell RoadNone+612City of Madison.
At the downstream side of Ferry RoadNone+631
Peevey CreekApproximately 1.5 miles downstream of the Eastern BypassNone+606City of Huntsville, Unincorporated Areas of Madison County.
Approximately 600 feet downstream of Ripple LaneNone+638
Pinhook CreekAt the downstream side of Williams Avenue Southwest+611+610City of Huntsville.
Approximately 460 feet downstream of Winchester Road Northwest+703+701
Pinhook Creek Tributary AApproximately 800 feet downstream of Memorial Parkway NorthwestNone+639City of Huntsville.
At the downstream side of Pulaski PikeNone+733
Pinhook Creek Tributary CApproximately 0.5 mile downstream of Pulaski PikeNone+703City of Huntsville.
Approximately 800 feet upstream of Pulaski PikeNone+738
Sherwood BranchApproximately 800 feet downstream of Old Madison Pike Northwest+636+630City of Huntsville, Unincorporated Areas of Madison County.
Approximately 300 feet downstream of Old Monrovia Road NorthwestNone+707
Swan PondApproximately 3.7 miles downstream of Zierdt RoadNone+569City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.9 mile upstream of Zierdt RoadNone+571
Tributary 1 To Indian CreekApproximately 1,500 feet downstream of Slaughter Road+616+619City of Huntsville, City of Madison, Unincorporated Areas of Madison County.
Approximately 600 feet upstream of Cherry Road+712+710
Tributary 1 to Dry Creek 2Approximately 300 feet downstream of Johns Road Northwest+708+710City of Huntsville, Unincorporated Areas of Madison County.
At the downstream side of Ralph Road+749+751
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Tributary 2 to Indian CreekAt the Indian Creek confluence+674+675City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.7 mile upstream of the Indian Creek confluence+699+700
Tributary 3 to Indian CreekApproximately 0.4 mile downstream of Jeff Road Northwest+699+700City of Huntsville, City of Madison, Unincorporated Areas of Madison County.
At the downstream side of Woodland TrailNone+811
Unnamed Tributary to Sherwood BranchApproximately 1,840 feet downstream of Enterprise WayNone+687City of Huntsville, Unincorporated Areas of Madison County.
Approximately 730 feet upstream of Wayne Road NorthwestNone+706
West Fork Pinhook CreekApproximately 1,940 feet downstream of Medaris Road Northwest+678+679City of Huntsville.
At the downstream side of Pulaski PikeNone+767
West Fork Pinhook Tributary AApproximately 0.5 mile downstream of Sturbridge DriveNone+732City of Huntsville.
Approximately 110 feet upstream of Green Meadow Road NorthwestNone+799
* 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Huntsville
Maps are available for inspection at 320 Fountain Circle, 2nd Floor, Huntsville, AL 35801.
City of Madison
Maps are available for inspection at 100 Hughes Road, Madison, AL 35758.
Town of Gurley
Maps are available for inspection at 235 Walker Street, Gurley, AL 35748.
Town of Owens Cross Roads
Maps are available for inspection at 2965 Old Highway 431, Owens Cross Roads, AL 35763.
Town of Triana
Maps are available for inspection at 640 6th Street, Madison, AL 35756.
Unincorporated Areas of Madison County
Maps are available for inspection at the Madison County Engineering Building, 814 Cook Avenue, Huntsville, AL 35801.

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

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Dated: April 8, 2011.

Sandra K. Knight,

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

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[FR Doc. 2011-9345 Filed 4-15-11; 8:45 am]

BILLING CODE 9110-12-P