Proposed Flood Elevation Determinations, 61371-61373 [2010-24866]

Download as PDF Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Proposed Rules • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. hsrobinson on DSK69SOYB1PROD with PROPOSALS-1 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: September 21, 2010. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2010–24917 Filed 10–4–10; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 18:28 Oct 04, 2010 Jkt 223001 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2010–0003; Internal Agency Docket No. FEMA–B–1142] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: 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 January 3, 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–1142, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3461, or (e-mail) roy.e.wright@dhs.gov. FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3461, or (e-mail) roy.e.wright@dhs.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 61371 (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. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: E:\FR\FM\05OCP1.SGM 05OCP1 61372 Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Proposed Rules 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. Flooding source(s) § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended 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 St. Clair County, Alabama, and Incorporated Areas Big Black Creek .................... Approximately 1.9 mile downstream of Whites Chapel Parkway. None +581 Dye Creek ............................. Approximately 3.1 miles upstream of County Road 6 At Golf Course Road .................................................... None None +648 +480 Kelly Creek ............................ Approximately 0.8 mile upstream of 16th Street .......... Approximately 0.4 mile upstream of the Shelby County boundary. None None +591 +466 Approximately Approximately Road. Approximately Approximately 0.6 mile upstream of State Route 174 0.5 mile downstream of Kelly Creek None +676 +764 +685 0.3 mile upstream of Kelly Creek Road 110 feet downstream of Acmor Road .. None None +695 +594 Approximately 2.5 miles upstream of the railroad ....... Approximately 1.0 mile downstream of the railroad bridge. None None +860 +601 Approximately 3.8 miles upstream of County Road 6 None +727 Kerr Branch ........................... Little Black Creek .................. hsrobinson on DSK69SOYB1PROD with PROPOSALS-1 Middle Black Creek ............... City of Trussville, Town of Argo, Town of Margaret, Town of Moody, Unincorporated Areas of St. Clair County. City of Pell City, Unincorporated Areas of St. Clair County. Town of Moody, Unincorporated Areas of St. Clair County. Town of Moody. Town of Margaret, Town of Moody, Unincorporated Areas of St. Clair County. Town of Argo, Town of Margaret, Town of Odenville, Unincorporated Areas of St. Clair 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. Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Pell City Maps are available for inspection at 1905 1st Avenue North, Pell City, AL 35125. City of Trussville Maps are available for inspection at 131 Main Street, Trussville, AL 35173. Town of Argo Maps are available for inspection at 8885 Gadsden Highway, Argo, AL 35173. Town of Margaret Maps are available for inspection at 125 School Street, Margaret, AL 35112. Town of Moody Maps are available for inspection at 670 Park Avenue, Moody, AL 35004. Town of Odenville Maps are available for inspection at 183 Alabama Street, Odenville, AL 35120. Unincorporated Areas of St. Clair County Maps are available for inspection at 165 5th Avenue, Suite 100, Ashville, AL 35953. Madison County, Missouri, and Incorporated Areas Little Saint Francis River ....... VerDate Mar<15>2010 18:28 Oct 04, 2010 Approximately 675 feet downstream of U.S. Route 67 Jkt 223001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 None E:\FR\FM\05OCP1.SGM +689 05OCP1 City of Fredericktown, Unincorporated Areas of Madison County. Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / 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 61373 Communities affected Modified Mill Creek (backwater effects from Little Saint Francis River). Saline Creek ......................... Spiva Branch (backwater effects from Little Saint Francis River). Tollar Branch ......................... Village Creek ......................... None +743 +704 +700 Just downstream of County Road 218 ......................... From the confluence with the Little Saint Francis River to approximately 665 feet downstream of County Road 500. At the confluence with the Little Saint Francis River ... None None +769 +690 +707 +703 Approximately 550 feet downstream of the confluence with Goose Creek. From the confluence with the Little Saint Francis River to just upstream of County Road 201. None +736 None +692 Unincorporated Areas of Madison County. At the confluence with Saline Creek ............................ +714 +713 City of Fredericktown, Unincorporated Areas of Madison County. Approximately 1,310 feet upstream of Mine LaMotte Street. At the confluence with the Little Saint Francis River ... None +788 +707 +704 Just upstream of Catherine Mine Road ....................... Little Saint Francis River Tributary 1. Approximately 1.3 mile downstream of County Road 220. At the confluence with the Little Saint Francis River ... +708 +707 City of Fredericktown, Unincorporated Areas of Madison County. Unincorporated Areas of Madison County. Unincorporated Areas of Madison County. City of Fredericktown, Unincorporated Areas of Madison 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. Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Fredericktown Maps are available for inspection at City Hall, 124 West Main Street, Fredericktown, MO 63645. Unincorporated Areas of Madison County Maps are available for inspection at the Madison County Courthouse, 1 Courthouse Square, Fredericktown, MO 63645. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: September 13, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–24866 Filed 10–4–10; 8:45 am] hsrobinson on DSK69SOYB1PROD with PROPOSALS-1 BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2010–0003; Internal Agency Docket No. FEMA–B–1134] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: 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 SUMMARY: VerDate Mar<15>2010 18:28 Oct 04, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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. Comments are to be submitted on or before January 30, 2011. DATES: E:\FR\FM\05OCP1.SGM 05OCP1

Agencies

[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Proposed Rules]
[Pages 61371-61373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24866]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1142]

Proposed Flood Elevation Determinations

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 January 3, 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-1142, to
Roy E. Wright, Deputy Director, Risk Analysis Division, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-
mail) roy.e.wright@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472, (202) 646-3461, or (e-mail) roy.e.wright@dhs.gov.

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.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

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

PART 67--[AMENDED]

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

[[Page 61372]]

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.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation Elevation in meters
(MSL)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
St. Clair County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Black Creek..................... Approximately 1.9 mile None +581 City of Trussville,
downstream of Whites Town of Argo, Town of
Chapel Parkway. Margaret, Town of
Moody, Unincorporated
Areas of St. Clair
County.
Approximately 3.1 miles None +648
upstream of County
Road 6.
Dye Creek........................... At Golf Course Road.... None +480 City of Pell City,
Unincorporated Areas
of St. Clair County.
Approximately 0.8 mile None +591
upstream of 16th
Street.
Kelly Creek......................... Approximately 0.4 mile None +466 Town of Moody,
upstream of the Shelby Unincorporated Areas
County boundary. of St. Clair County.
Approximately 0.6 mile None +764
upstream of State
Route 174.
Kerr Branch......................... Approximately 0.5 mile +676 +685 Town of Moody.
downstream of Kelly
Creek Road.
Approximately 0.3 mile None +695
upstream of Kelly
Creek Road.
Little Black Creek.................. Approximately 110 feet None +594 Town of Margaret, Town
downstream of Acmor of Moody,
Road. Unincorporated Areas
of St. Clair County.
Approximately 2.5 miles None +860
upstream of the
railroad.
Middle Black Creek.................. Approximately 1.0 mile None +601 Town of Argo, Town of
downstream of the Margaret, Town of
railroad bridge. Odenville,
Unincorporated Areas
of St. Clair County.
Approximately 3.8 miles None +727
upstream of County
Road 6.
----------------------------------------------------------------------------------------------------------------
* 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.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Pell City
Maps are available for inspection at 1905 1st Avenue North, Pell City, AL 35125.

City of Trussville

Maps are available for inspection at 131 Main Street, Trussville, AL 35173.

Town of Argo
Maps are available for inspection at 8885 Gadsden Highway, Argo, AL 35173.

Town of Margaret
Maps are available for inspection at 125 School Street, Margaret, AL 35112.

Town of Moody
Maps are available for inspection at 670 Park Avenue, Moody, AL 35004.

Town of Odenville
Maps are available for inspection at 183 Alabama Street, Odenville, AL 35120.

Unincorporated Areas of St. Clair County
Maps are available for inspection at 165 5th Avenue, Suite 100, Ashville, AL 35953.
----------------------------------------------------------------------------------------------------------------
Madison County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Saint Francis River.......... Approximately 675 feet None +689 City of Fredericktown,
downstream of U.S. Unincorporated Areas
Route 67. of Madison County.

[[Page 61373]]

Approximately 1.3 mile None +743
downstream of County
Road 220.
Little Saint Francis River Tributary At the confluence with +704 +700 City of Fredericktown,
1. the Little Saint Unincorporated Areas
Francis River. of Madison County.
Just downstream of None +769
County Road 218.
Mill Creek (backwater effects from From the confluence None +690 Unincorporated Areas of
Little Saint Francis River). with the Little Saint Madison County.
Francis River to
approximately 665 feet
downstream of County
Road 500.
Saline Creek........................ At the confluence with +707 +703 Unincorporated Areas of
the Little Saint Madison County.
Francis River.
Approximately 550 feet None +736
downstream of the
confluence with Goose
Creek.
Spiva Branch (backwater effects from From the confluence None +692 Unincorporated Areas of
Little Saint Francis River). with the Little Saint Madison County.
Francis River to just
upstream of County
Road 201.
Tollar Branch....................... At the confluence with +714 +713 City of Fredericktown,
Saline Creek. Unincorporated Areas
of Madison County.
Approximately 1,310 None +788
feet upstream of Mine
LaMotte Street.
Village Creek....................... At the confluence with +707 +704 City of Fredericktown,
the Little Saint Unincorporated Areas
Francis River. of Madison County.
Just upstream of +708 +707
Catherine Mine Road.
----------------------------------------------------------------------------------------------------------------
* 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.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
City of Fredericktown
Maps are available for inspection at City Hall, 124 West Main Street, Fredericktown, MO 63645.

Unincorporated Areas of Madison County
Maps are available for inspection at the Madison County Courthouse, 1 Courthouse Square, Fredericktown, MO
63645.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: September 13, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-24866 Filed 10-4-10; 8:45 am]
BILLING CODE 9110-12-P

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