Proposed Flood Elevation Determinations, 57979-57982 [E9-27114]
Download as PDF
<![CDATA[
srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2005–
AL–0002.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
through https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: EPA has established a docket
for this action under Docket
Identification No. EPA–R04–OAR–
2005–AL–0002. All documents in the
docket are listed on the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
VerDate Nov<24>2008
16:37 Nov 09, 2009
Jkt 220001
requests that, if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street, SW., Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9040. Ms. Benjamin can also
be reached via electronic mail at
benjamin.lynorae@epa.gov.
The
proposed rule was signed by the Acting
Regional Administrator on September
10, 2009, and published in the Federal
Register on October 2, 2009 (74 FR
50930). The proposed action provided a
45-day public comment period. EPA has
received a request for an additional 15
days to comment on the proposed rule
from one requester, and 90 days from
another requester. EPA has considered
these requests and has decided to
extend the comment period an
additional 30 days until December 16,
2009.
SUPPLEMENTARY INFORMATION:
Dated: November 2, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9–27045 Filed 11–9–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2008–0020; Internal
Agency Docket Nos. FEMA–B–1060 and
FEMA–B–1062]
Proposed Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; correction.
SUMMARY: FEMA is correcting a table for
Black Hawk County, Iowa, and
Incorporated Areas. Further, on July 8,
2009, FEMA published a proposed rule
that properly addressed St. Charles
County, Missouri, and Incorporated
Areas, but incorrectly indicated that St.
Charles County had not been included
in any previously published proposed
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
57979
rule. FEMA seeks to correct and clarify
that statement.
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 determinations of
Base (1% annual-chance) Flood
Elevations (BFEs) and modified BFEs for
communities participating in the
National Flood Insurance Program
(NFIP), 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 minimum
requirements. 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.
Need for Corrections
FEMA is correcting a table in a
proposed rule which published on July
2, 2009, at 74 FR 31656, and correcting
an incorrect statement made in the
preamble to a proposed rule that
published on July 8, 2009, at 74 FR
32480. On July 2, 2009, FEMA
published a proposed rule that
contained two errors: first, a table for
Black Hawk County, Iowa, and
Incorporated Areas contained incorrect
information; and second, a table for St.
Charles County, Missouri, and
Incorporated Areas should not have
been included in the rule and published
in error. On July 8, 2009, at 74 FR
32480, FEMA published a separate
proposed rule which properly addressed
St. Charles County, Missouri, and
Incorporated Areas. However, the July 8
rule incorrectly indicated that St.
Charles County had not been included
in any previous proposed rule. FEMA
seeks to correct and clarify that
statement.
E:\FR\FM\10NOP1.SGM
10NOP1
57980
Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules
The July 2, 2009, proposed rule
contained a table entitled ‘‘Black Hawk
County, Iowa, and Incorporated Areas,’’
which contained errors. For flooding
source ‘‘Dry Run Creek Diversion,’’ the
table contained inaccurate information
as to the location of referenced
elevation, effective and modified
elevation in feet, or communities
affected. Also, for flooding source
‘‘Ponded Area No. 2, from Elk Run
Creek, landside of levee,’’ the table
contained a misspelling for Lafayette
Road. FEMA is now publishing a
revised table for Black Hawk County,
Iowa, and Incorporated Areas,
containing the accurate information, to
address these prior errors. The
information provided in the table below
should be used in lieu of the table
published on July 2, 2009.
In addition, the July 2, 2009 proposed
rule also contained a table entitled, ‘‘St.
Charles County, Missouri, and
Incorporated Areas.’’ The table was
erroneously included in the July 2 rule,
Flooding source(s)
and should not have published at that
time. Base flood elevations for St.
Charles County properly published in a
subsequent proposed rule on July 8,
2009, at 74 FR 32480; the proposed table
in the July 8 rule effectively replaced
the July 2 proposed table.
The July 8 proposed rule addressed
communities in the greater St. Louis,
Missouri, area, that are the subject of an
act of Congress that required FEMA to
delay the statutory appeals process,
required under Section 1363 of the
National Flood Insurance Act of 1968,
until certain publication requirements
were met for each of these communities.
(Consolidated Security, Disaster
Assistance, and Continuing
Appropriations Act 2009, Public Law
110–329, Div. B, Sec. 10503, 122 Stat.
3574, 3593 (2008)). The preamble of the
July 8 proposed rule contained an
incorrect statement which FEMA seeks
to clarify here. The proposed rule stated
that it was the first publication of
proposed BFEs for the affected Missouri
counties. This statement was inaccurate;
as explained above, St. Charles County,
Missouri, and Incorporated Areas had
been inadvertently included in the July
2 rule. However, the inadvertent
publication of the July 2 table for St.
Charles County will not affect FEMA’s
determination to run concurrent
comment and appeal periods for all of
the communities affected by the July 8
proposed rule. Therefore, counties
should consider the July 2 tables for St.
Charles County, Missouri, and
Incorporated Areas withdrawn and
replaced by the July 8 proposed tables.
All comment periods and associated
time deadlines shall be calculated using
the dates and information published in
the July 8 proposed rule.
Correction
In the proposed rule published July 2,
2009 (74 FR 31656), on page 31658,
revise the table for Black Hawk County,
Iowa, and Incorporated Areas to read as
follows:
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
∧Elevation in
meters (MSL)
Location of referenced elevation**
Effective
Communities affected
Modified
Black Hawk County, Iowa, and Incorporated Areas
Big Woods Creek ..................
Black Hawk Creek ................
Cedar River ...........................
Cedar River ...........................
srobinson on DSKHWCL6B1PROD with PROPOSALS
Cedar River Diversion Channel.
City View Branch ..................
Crane Creek ..........................
VerDate Nov<24>2008
16:37 Nov 09, 2009
None
+864
Just downstream of Cedar-Wapsi Road ......................
Approximately 0.5 mile upstream of Mount Vernon
Road.
Approximately 0.6 mile upstream of Cedar-Wapsi
Road.
Just upstream of West Shaulis Road ...........................
None
None
+920
+870
None
+875
+872
+870
Approximately 975 feet downstream of Zaneta Road
Just upstream of Lone Tree Road and Interstate 218
East of Big Woods Road and approximately 0.3 mile
south of Dunkerton Road along Illinois Central Gulf
Railroad.
Approximately 0.6 mile downstream of Interstate 218
+890
None
None
+891
+864
+864
+858
+859
Approximately 2.1 miles upstream of Center Street ....
Approximately 440 feet downstream of State Highway
57.
Approximately 1.3 miles upstream of Illinois Central
Railroad.
Approximately 0.3 mile downstream of Independence
Avenue.
Just downstream of Chicago and North Western Railroad.
Approximately 117 feet downstream of Wheeler Road
+868
+859
+869
+860
+864
+865
+853
+847
+857
+859
None
+936
Just downstream of East Cedar-Wapsi Road ..............
Big Woods Creek Upper Diversion.
Approximately 88 feet upstream of Lone Tree Road ...
None
+967
Jkt 220001
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
E:\FR\FM\10NOP1.SGM
10NOP1
City of Cedar Falls, Unincorporated Areas of
Black Hawk County.
Unincorporated Areas of
Black Hawk County.
Unincorporated Areas of
Black Hawk County, City
of Hudson, City of Waterloo.
City of Cedar Falls.
City of Cedar Falls, City of
Waterloo, Unincorporated Areas of Black
Hawk County.
City of Cedar Falls.
City of Waterloo.
Unincorporated Areas of
Black Hawk County, City
of Dunkerton.
Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
∧Elevation in
meters (MSL)
Location of referenced elevation**
Effective
Crossroads Creek .................
Communities affected
Modified
Dry Run Creek Diversion ......
Dry Run Creek at Cedar
Falls.
Dry Run Creek at Waterloo ..
Maywood Branch ..................
Myers Lake ...........................
Ponded Area No. 2, from Elk
Run Creek, landside of
levee.
Ponded Area No.1 from Elk
Run Creek, landside of
levee.
South West Branch of Dry
Run Creek.
Stream No. 13 .......................
Stream No. 36 .......................
Sunnyside Creek ...................
Sunnyside Creek Bypass ......
Unnamed Tributary to Big
Woods Creek.
Unnamed Tributary to Big
Woods Creek.
Unnamed Tributary to Cedar
River.
Wolf Creek ............................
Wolf Creek Overflow .............
Approximately 91 feet downstream of Hess Road ......
Approximately 514 feet upstream of Alexander Drive
Approximately 91 feet downstream of Hess Road ......
Approximately 0.3 mile upstream of Sarah Drive ........
Approximately 25 feet upstream of 20th Street ...........
Approximately 225 feet downstream of Seerley Boulevard.
Approximately 293 feet downstream of Illinois Central
Gulf Railroad.
Approximately 540 feet downstream of U.S. Route 20
Approximately 664 feet downstream of Commercial
Street.
Approximately 106 feet upstream of Byron Avenue ....
Approximately 0.5 mile upstream of Kimball Avenue ..
Approximately 0.4 mile downstream of Bishop Avenue
Just upstream of Bishop Avenue .................................
West end of lake ..........................................................
East end of lake ...........................................................
North end of ponding area, approximately 0.3 mile
downstream of Lafayette Road.
None
None
+846
+866
+867
+868
+845
+871
+849
+867
+864
+866
City of Waterloo.
+860
+852
City of Cedar Falls.
+927
#1
+928
#2
City of Waterloo.
+868
None
+856
+858
+826
+826
+833
+861
+942
+855
+857
+838
+838
+836
South end of ponding area, approximately 0.4 mile
upstream of Gilbert Road.
North end of ponding area, approximately 150 feet
downstream of Gilbert Drive.
+833
+836
+831
+836
South end of ponding area, approximately 350 feet
upstream of State Route 380.
Approximately 279 feet downstream of Main Street ....
+831
+836
+870
+865
Approximately
Road.
Approximately
Approximately
Approximately
1.8 miles upstream of Future Greenhill
+917
+921
1.0 mile downstream of Wagner Road
364 feet upstream of Airline Highway ..
1.0 mile downstream of Wagner Road
+857
+864
+864
+856
+863
+863
Approximately 0.4 mile downstream of Dunkerton
Road.
Approximately 0.3 mile downstream of Martin Road ...
Approximately 130 feet upstream of 4th Street ...........
Approximately 0.6 mile downstream of Marine Avenue
Approximately 450 feet upstream of Marine Avenue ...
Just downstream of Dunkerton Road ...........................
None
+870
None
None
+858
None
None
+855
+878
+861
+869
+864
Approximately
Approximately
Road.
Just upstream
Approximately
Road.
Just upstream
Approximately
Approximately
Approximately
408 feet west of Interstate 218 ............
0.5 mile upstream of Mount Vernon
None
None
+864
+871
of Dunkerton Road ...............................
182 feet downstream of Dunkerton
None
+863
+871
+864
City of Cedar Falls.
of Lone Tree Road ...............................
0.6 mile downstream of Bike Path .......
1.3 miles upstream of Main Street .......
0.4 mile downstream of 8th Street .......
+863
+814
None
+814
+864
+815
+824
+815
City of La Porte City.
Approximately 1.3 miles upstream of Poplar Street ....
Crossroads Creek Diversion
srobinson on DSKHWCL6B1PROD with PROPOSALS
57981
+822
+823
City of Waterloo.
City of Cedar Falls.
City of Waterloo.
City of Evansdale.
City of Evansdale.
City of Evansdale.
City of Cedar Falls.
City of Waterloo.
City of Waterloo, Unincorporated Areas of Black
Hawk County.
City of Waterloo.
City of Waterloo.
City of Cedar Falls.
Unincorporated Areas of
Black Hawk County.
City of La Porte City, Unincorporated Areas of
Black Hawk County.
* 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.
VerDate Nov<24>2008
16:37 Nov 09, 2009
Jkt 220001
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
E:\FR\FM\10NOP1.SGM
10NOP1
57982
Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules
Flooding source(s)
Location of referenced elevation**
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
∧Elevation in
meters (MSL)
Effective
Communities affected
Modified
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 Cedar Falls
Maps are available for inspection at 220 Clay Street, Cedar Falls, IA 50613.
City of Dunkerton
Maps are available for inspection at 200 Tower Street, Dunkerton, IA 50626.
City of Evansdale
Maps are available for inspection at 123 North Evans Road, Evansdale, IA 50707.
City of Hudson
Maps are available for inspection at 525 Jefferson Street, Hudson, IA 50643.
City of La Porte City
Maps are available for inspection at 202 Main Street, La Porte City, IA 50651.
City of Waterloo
Maps are available for inspection at 715 Mulberry Street, Waterloo, IA 50703.
Unincorporated Areas of Black Hawk County
Maps are available for inspection at 316 East 5th Street, Suite 203, Waterloo, IA 50703.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for
Mitigation, Mitigation Directorate,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E9–27114 Filed 11–9–09; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 36 and 54
[WC Docket No. 05–337; FCC 09–89]
High-Cost Universal Service Support
srobinson on DSKHWCL6B1PROD with PROPOSALS
AGENCY: Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
SUMMARY: In this notice of proposed
rulemaking, the Commission addresses
the effect of line loss on universal
service Local Switching Support (LSS)
received by incumbent local exchange
carriers (LECs) that are designated as
eligible telecommunications carriers
(ETCs). Pursuant to the LSS mechanism,
an incumbent LEC ETC serving 50,000
or fewer lines in a study area may
recover a portion of its switching costs
from the universal service fund. Under
the Commission’s rules, as an
incumbent LEC ETC’s access lines
increase above certain thresholds, the
amount of LSS it may receive decreases,
but its support does not increase if its
number of access lines falls below the
same thresholds. In this notice of
proposed rulemaking, the Commission
VerDate Nov<24>2008
16:37 Nov 09, 2009
Jkt 220001
tentatively concludes that the LSS rules
should be modified to permit incumbent
LEC ETCs that lose lines to increase
their LSS, and we seek comment on
these proposed rule changes.
DATES: Comments are due on or before
November 24, 2009 and reply comments
are due on or before December 1, 2009.
ADDRESSES: You may submit comments,
identified by WC Docket No. 05–337, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• E-mail: ecfs@fcc.gov, and include
the following words in the body of the
message, ‘‘get form.’’ A sample form and
directions will be sent in response.
Include the docket number in the
subject line of the message.
• Mail: Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
• People With Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
FOR FURTHER INFORMATION CONTACT: Ted
Burmeister, Wireline Competition
Bureau, Telecommunications Access
Policy Division, 202–418–7389 or TTY:
202–418–0484.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rulemaking in WC Docket No.
05–337, FCC 09–89, adopted October 2,
2009, and released October 9, 2009. The
complete text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554.
The document may also be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160 or (202) 863-2893, facsimile
(202) 863–2898, or via e-mail at:
https://www.bcpiweb.com. It is also
available on the Commission’s Web site
at: https://www.fcc.gov.
Initial Paperwork Reduction Act of
1995 Analysis
This notice of proposed rulemaking
does not contain new, modified, or
proposed information collections
subject to the Paperwork Reduction Act
of 1995. In addition, therefore, it does
not contain any new, modified, or
proposed ‘‘information collection
burden for small business concerns with
fewer than 25 employees’’ pursuant to
the Small Business Paperwork Relief
Act of 2002.
E:\FR\FM\10NOP1.SGM
10NOP1
]]>Agencies
[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Proposed Rules]
[Pages 57979-57982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27114]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket Nos. FEMA-B-1060 and
FEMA-B-1062]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: FEMA is correcting a table for Black Hawk County, Iowa, and
Incorporated Areas. Further, on July 8, 2009, FEMA published a proposed
rule that properly addressed St. Charles County, Missouri, and
Incorporated Areas, but incorrectly indicated that St. Charles County
had not been included in any previously published proposed rule. FEMA
seeks to correct and clarify that statement.
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 determinations of Base (1% annual-chance) Flood
Elevations (BFEs) and modified BFEs for communities participating in
the National Flood Insurance Program (NFIP), 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 minimum
requirements. 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.
Need for Corrections
FEMA is correcting a table in a proposed rule which published on
July 2, 2009, at 74 FR 31656, and correcting an incorrect statement
made in the preamble to a proposed rule that published on July 8, 2009,
at 74 FR 32480. On July 2, 2009, FEMA published a proposed rule that
contained two errors: first, a table for Black Hawk County, Iowa, and
Incorporated Areas contained incorrect information; and second, a table
for St. Charles County, Missouri, and Incorporated Areas should not
have been included in the rule and published in error. On July 8, 2009,
at 74 FR 32480, FEMA published a separate proposed rule which properly
addressed St. Charles County, Missouri, and Incorporated Areas.
However, the July 8 rule incorrectly indicated that St. Charles County
had not been included in any previous proposed rule. FEMA seeks to
correct and clarify that statement.
[[Page 57980]]
The July 2, 2009, proposed rule contained a table entitled ``Black
Hawk County, Iowa, and Incorporated Areas,'' which contained errors.
For flooding source ``Dry Run Creek Diversion,'' the table contained
inaccurate information as to the location of referenced elevation,
effective and modified elevation in feet, or communities affected.
Also, for flooding source ``Ponded Area No. 2, from Elk Run Creek,
landside of levee,'' the table contained a misspelling for Lafayette
Road. FEMA is now publishing a revised table for Black Hawk County,
Iowa, and Incorporated Areas, containing the accurate information, to
address these prior errors. The information provided in the table below
should be used in lieu of the table published on July 2, 2009.
In addition, the July 2, 2009 proposed rule also contained a table
entitled, ``St. Charles County, Missouri, and Incorporated Areas.'' The
table was erroneously included in the July 2 rule, and should not have
published at that time. Base flood elevations for St. Charles County
properly published in a subsequent proposed rule on July 8, 2009, at 74
FR 32480; the proposed table in the July 8 rule effectively replaced
the July 2 proposed table.
The July 8 proposed rule addressed communities in the greater St.
Louis, Missouri, area, that are the subject of an act of Congress that
required FEMA to delay the statutory appeals process, required under
Section 1363 of the National Flood Insurance Act of 1968, until certain
publication requirements were met for each of these communities.
(Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act 2009, Public Law 110-329, Div. B, Sec. 10503, 122
Stat. 3574, 3593 (2008)). The preamble of the July 8 proposed rule
contained an incorrect statement which FEMA seeks to clarify here. The
proposed rule stated that it was the first publication of proposed BFEs
for the affected Missouri counties. This statement was inaccurate; as
explained above, St. Charles County, Missouri, and Incorporated Areas
had been inadvertently included in the July 2 rule. However, the
inadvertent publication of the July 2 table for St. Charles County will
not affect FEMA's determination to run concurrent comment and appeal
periods for all of the communities affected by the July 8 proposed
rule. Therefore, counties should consider the July 2 tables for St.
Charles County, Missouri, and Incorporated Areas withdrawn and replaced
by the July 8 proposed tables. All comment periods and associated time
deadlines shall be calculated using the dates and information published
in the July 8 proposed rule.
Correction
In the proposed rule published July 2, 2009 (74 FR 31656), on page
31658, revise the table for Black Hawk County, Iowa, and Incorporated
Areas to read as follows:
----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Location of referenced Depth in feet above
Flooding source(s) elevation** ground [caret]Elevation Communities affected
in meters (MSL)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Black Hawk County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Woods Creek..................... Approximately 88 feet None +864 City of Cedar Falls,
upstream of Lone Tree Unincorporated Areas
Road. of Black Hawk County.
Just downstream of None +920
Cedar-Wapsi Road.
Big Woods Creek Upper Diversion..... Approximately 0.5 mile None +870 Unincorporated Areas of
upstream of Mount Black Hawk County.
Vernon Road.
Approximately 0.6 mile None +875
upstream of Cedar-
Wapsi Road.
Black Hawk Creek.................... Just upstream of West +872 +870 Unincorporated Areas of
Shaulis Road. Black Hawk County,
City of Hudson, City
of Waterloo.
Approximately 975 feet +890 +891
downstream of Zaneta
Road.
Cedar River......................... Just upstream of Lone None +864 City of Cedar Falls.
Tree Road and
Interstate 218.
East of Big Woods Road None +864
and approximately 0.3
mile south of
Dunkerton Road along
Illinois Central Gulf
Railroad.
Cedar River......................... Approximately 0.6 mile +858 +859 City of Cedar Falls,
downstream of City of Waterloo,
Interstate 218. Unincorporated Areas
of Black Hawk County.
Approximately 2.1 miles +868 +869
upstream of Center
Street.
Cedar River Diversion Channel....... Approximately 440 feet +859 +860 City of Cedar Falls.
downstream of State
Highway 57.
Approximately 1.3 miles +864 +865
upstream of Illinois
Central Railroad.
City View Branch.................... Approximately 0.3 mile +853 +847 City of Waterloo.
downstream of
Independence Avenue.
Just downstream of +857 +859
Chicago and North
Western Railroad.
Crane Creek......................... Approximately 117 feet None +936 Unincorporated Areas of
downstream of Wheeler Black Hawk County,
Road. City of Dunkerton.
Just downstream of East None +967
Cedar-Wapsi Road.
[[Page 57981]]
Crossroads Creek.................... Approximately 91 feet None +845 City of Waterloo.
downstream of Hess
Road.
Approximately 514 feet None +871
upstream of Alexander
Drive.
Crossroads Creek Diversion.......... Approximately 91 feet +846 +849 City of Waterloo.
downstream of Hess
Road.
Approximately 0.3 mile +866 +867
upstream of Sarah
Drive.
Dry Run Creek Diversion............. Approximately 25 feet +867 +864 City of Cedar Falls.
upstream of 20th
Street.
Approximately 225 feet +868 +866
downstream of Seerley
Boulevard.
Dry Run Creek at Cedar Falls........ Approximately 293 feet +860 +852 City of Cedar Falls.
downstream of Illinois
Central Gulf Railroad.
Approximately 540 feet +927 +928
downstream of U.S.
Route 20.
Dry Run Creek at Waterloo........... Approximately 664 feet 1 2 City of Waterloo.
downstream of
Commercial Street.
Approximately 106 feet +868 +861
upstream of Byron
Avenue.
Approximately 0.5 mile None +942
upstream of Kimball
Avenue.
Maywood Branch...................... Approximately 0.4 mile +856 +855 City of Waterloo.
downstream of Bishop
Avenue.
Just upstream of Bishop +858 +857
Avenue.
Myers Lake.......................... West end of lake....... +826 +838 City of Evansdale.
East end of lake....... +826 +838
Ponded Area No. 2, from Elk Run North end of ponding +833 +836 City of Evansdale.
Creek, landside of levee. area, approximately
0.3 mile downstream of
Lafayette Road.
South end of ponding +833 +836
area, approximately
0.4 mile upstream of
Gilbert Road.
Ponded Area No.1 from Elk Run Creek, North end of ponding +831 +836 City of Evansdale.
landside of levee. area, approximately
150 feet downstream of
Gilbert Drive.
South end of ponding +831 +836
area, approximately
350 feet upstream of
State Route 380.
South West Branch of Dry Run Creek.. Approximately 279 feet +870 +865 City of Cedar Falls.
downstream of Main
Street.
Approximately 1.8 miles +917 +921
upstream of Future
Greenhill Road.
Stream No. 13....................... Approximately 1.0 mile +857 +856 City of Waterloo.
downstream of Wagner
Road.
Approximately 364 feet +864 +863
upstream of Airline
Highway.
Stream No. 36....................... Approximately 1.0 mile +864 +863 City of Waterloo,
downstream of Wagner Unincorporated Areas
Road. of Black Hawk County.
Approximately 0.4 mile None +870
downstream of
Dunkerton Road.
Sunnyside Creek..................... Approximately 0.3 mile None +855 City of Waterloo.
downstream of Martin
Road.
Approximately 130 feet None +878
upstream of 4th Street.
Sunnyside Creek Bypass.............. Approximately 0.6 mile +858 +861 City of Waterloo.
downstream of Marine
Avenue.
Approximately 450 feet None +869
upstream of Marine
Avenue.
Unnamed Tributary to Big Woods Creek Just downstream of None +864 City of Cedar Falls.
Dunkerton Road.
Approximately 408 feet None +864
west of Interstate 218.
Unnamed Tributary to Big Woods Creek Approximately 0.5 mile None +871 Unincorporated Areas of
upstream of Mount Black Hawk County.
Vernon Road.
Just upstream of None +871
Dunkerton Road.
Unnamed Tributary to Cedar River.... Approximately 182 feet +863 +864 City of Cedar Falls.
downstream of
Dunkerton Road.
Just upstream of Lone +863 +864
Tree Road.
Wolf Creek.......................... Approximately 0.6 mile +814 +815 City of La Porte City.
downstream of Bike
Path.
Approximately 1.3 miles None +824
upstream of Main
Street.
Wolf Creek Overflow................. Approximately 0.4 mile +814 +815 City of La Porte City,
downstream of 8th Unincorporated Areas
Street. of Black Hawk County.
Approximately 1.3 miles +822 +823
upstream of Poplar
Street.
----------------------------------------------------------------------------------------------------------------
* 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 57982]]
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 Cedar Falls
Maps are available for inspection at 220 Clay Street, Cedar Falls, IA 50613.
City of Dunkerton
Maps are available for inspection at 200 Tower Street, Dunkerton, IA 50626.
City of Evansdale
Maps are available for inspection at 123 North Evans Road, Evansdale, IA 50707.
City of Hudson
Maps are available for inspection at 525 Jefferson Street, Hudson, IA 50643.
City of La Porte City
Maps are available for inspection at 202 Main Street, La Porte City, IA 50651.
City of Waterloo
Maps are available for inspection at 715 Mulberry Street, Waterloo, IA 50703.
Unincorporated Areas of Black Hawk County
Maps are available for inspection at 316 East 5th Street, Suite 203, Waterloo, IA 50703.
----------------------------------------------------------------------------------------------------------------
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-27114 Filed 11-9-09; 8:45 am]
BILLING CODE 9110-12-P
