2010-13269. 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 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-1109, to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

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, [phone], or (e-mail) [e-mail].

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:

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.

§ 67.4

[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
		Effective	Modified
Franklin Parish, Louisiana, and Incorporated Areas
Ash Slough	Just upstream of Riser Road	None	+69	Unincorporated Areas of Franklin Parish.
	Approximately 700 feet downstream of Wyman Road	None	+70
Batey Bayou	Just downstream of Kansas Street	None	+65	Town of Wisner, Unincorporated Areas of Franklin Parish.
	Approximately 800 feet upstream of State Highway 15	None	+72
Cypress Slough	Just upstream of Kansas Street	None	+65	Unincorporated Areas of Franklin Parish.
	Just downstream of Maple Street	None	+73
Turkey Creek	Approximately 500 feet upstream of Highway 3201	None	+64	Unincorporated Areas of Franklin Parish.
	Approximately 0.5 mile upstream of Alice Shaw Road	None	+69
* 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
Town of Wisner
Maps are available for inspection at the Town Hall, 9530 Natchez Street, Wisner, LA 71378.
Unincorporated Areas of Franklin Parish.
Maps are available for inspection at the Franklin Parish Police Jury, 6558 Main Street, Winnsboro, LA 71295.
Madison Parish, Louisiana, and Incorporated Areas
Bayou Macon	Just upstream of Atkins Road	None	+75	Unincorporated Areas of Madison Parish.
	Just downstream of Bryant Road	None	+79
* 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 Madison Parish
Maps are available for inspection at Madison Parish Police Jury, 100 North Cedar Street, Tallulah, LA 71282.
Gallatin County, Montana, and Incorporated Areas
Bridger Creek	Approximately 1.0 mile downstream of Story Mill Road	+4687	+4688	City of Bozeman.
	Just downstream of Story Mill Road	+4730	+4731
Buster Gulch	Approximately 0.9 mile upstream of Airport Road	+4478	+4480	Unincorporated Areas of Gallatin County.
	Approximately 4.2 miles upstream of Airport Road	None	+4568
East Gallatin River	Just downstream of Airport Road	+4461	+4463	City of Bozeman, Unincorporated Areas of Gallatin County.
	Approximately 2.1 miles downstream of Story Hill Road	+4789	+4791
East Gallatin River Golf Course Reach	Just upstream of the confluence with East Gallatin River Springhill Reach	None	+4604	City of Bozeman.
	Approximately 0.5 mile upstream of the confluence with East Gallatin River Springhill Reach	None	+4617
East Gallatin River Overflow Reach	Approximately 1,300 feet downstream of Springhill Road	None	+4596	City of Bozeman, Unincorporated Areas of Gallatin County.
	Approximately 2.6 miles upstream of Springhill Road	None	+4674
East Gallatin River Spillway Reach	Just upstream of the confluence with East Gallatin River Overflow Reach	None	+4591	City of Bozeman.
	Approximately 0.5 mile upstream of the confluence with East Gallatin River Overflow Reach	None	+4603
East Gallatin River Springhill Reach	Just upstream of the confluence with the East Gallatin River	None	+4594	City of Bozeman.
	Just downstream of the confluence with East Gallatin River Golf Course Reach	None	+4604
Jefferson River	Approximately 0.6 mile downstream of Old Town Road	+4058	+4061	Unincorporated Areas of Gallatin County.
	Approximately 120 feet upstream of Frontage Road	+4088	+4090
Madison River	Approximately 0.8 mile downstream of Frontage Road	+4054	+4058	Unincorporated Areas of Gallatin County.
	Approximately 1.2 mile upstream of I-90	+4081	+4083
* 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 Bozeman
Maps are available for inspection at 411 East Main Street, Bozeman, MT 59771.
Unincorporated Areas of Gallatin County
Maps are available for inspection at 311 West Main Street, Bozeman, MT 59771.
Lincoln County, New Mexico, and Incorporated Areas
Brady Canyon	At the confluence with the Rio Ruidoso	+6744	+6746	Unincorporated Areas of Lincoln County, Village of Ruidoso.
	Approximately 1,100 feet upstream of Ash Drive	None	+6948
Carrizo Creek	At the confluence with the Rio Ruidoso	+6552	+6553	Unincorporated Areas of Lincoln County, Village of Ruidoso.
	Just upstream of Carrizo Canyon Road	+6749	+6751
Cedar Creek	At the confluence with the Rio Ruidoso	+6530	+6534	Unincorporated Areas of Lincoln County, Village of Ruidoso.
	Approximately 500 feet upstream of Musket Ball Drive	None	+7160
Cherokee Bill Canyon	At the confluence with the Rio Ruidoso	+6445	+6446	Unincorporated Areas of Lincoln County, Village of Ruidoso.
	Approximately 1,800 feet upstream of Dunagan Trail	+6690	+6693
Musketball Creek	Just upstream of Cedar Creek Drive	None	+7150	Unincorporated Areas of Lincoln County.
	Approximately 285 feet upstream of Musketball Drive	None	+7216
North Fork Cedar Creek	Approximately 1,750 feet downstream of Spring Canyon Road	None	+7160	Unincorporated Areas of Lincoln County.
	Just downstream of Watson Road	None	+7302
Rio Bonito	Approximately 650 feet downstream of State Highway 48	None	+6845	Unincorporated Areas of Lincoln County.
	Just downstream of the Bonito Lake Dam	None	+7318
Rio Ruidoso	Approximately 1.0 mile downstream of County Road 17	None	+5188	Unincorporated Areas of Lincoln County, Village of Ruidoso, Village of Ruidoso Downs.
	Approximately 800 feet upstream of Malone Road	+7167	+7168
Salado Creek	Approximately 320 feet upstream of U.S. Route 380	None	+6382	Unincorporated Areas of Lincoln County, Village of Capitan.
	Approximately 110 feet upstream of Dean Drive	None	+6484
South Fork Cedar Creek	Approximately 480 feet downstream of Chuck Wagon Road	None	+7160	Unincorporated Areas of Lincoln County.
	Approximately 330 feet upstream of Jarratt Drive	None	+7233
* 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 Lincoln County
Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM 88345.
Village of Capitan
Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM 88345.
Village of Ruidoso
Maps are available for inspection at 313 Cree Meadows Drive, Ruidoso, NM 88345.
Village of Ruidoso Downs
Maps are available for inspection at the Planning and Zoning Department, 313 Cree Meadows Drive, Ruidoso, NM 88345.
Fairfield County, Ohio, and Incorporated Areas
Baltimore Tributary	At the confluence with Pawpaw Creek	None	+847	Unincorporated Areas of Fairfield County, Village of Baltimore.
	Approximately 0.41 mile downstream of Roley Road	None	+860
Buckeye Lake	Entire shoreline	None	+893	Unincorporated Areas of Fairfield County, Village of Millersport.
Clark Run	At the confluence with Rush Creek	+807	+804	Unincorporated Areas of Fairfield County.
	Approximately 586 feet upstream of the confluence with Rush Creek	+807	+805
Claypool Run	At the confluence with the Ohio Canal	+839	+838	Unincorporated Areas of Fairfield County.
	Approximately 200 feet downstream of Brook Road	None	+909
Crumley Creek	At the confluence with Hunters Run	+908	+905	Unincorporated Areas of Fairfield County.
	Approximately 850 feet upstream of the confluence with Hunters Run	+908	+914
Georges Creek	Approximately 1,588 feet downstream of Conrail Railroad	+800	+798	City of Pickerington.
	At the upstream side of Pickerington Ridge Road	None	+815
Greenfield Creek	At the confluence with the Ohio Canal	+833	+830	Unincorporated Areas of Fairfield County.
	Approximately 1,400 upstream of Coonpath Road	None	+898
Greenfield Creek Escape	At the confluence with Claypool Run	+840	+839	Unincorporated Areas of Fairfield County.
	Approximately 2,000 feet downstream of Election House Road	+858	+854
Greenfield Creek Split	At the confluence with Greenfield Creek	None	+865	Unincorporated Areas of Fairfield County.
	Approximately 2,000 feet upstream of the confluence with Greenfield Creek	None	+872
Hocking River	Approximately 100 feet downstream of Sugar Grove Road	+807	+808	City of Lancaster, Unincorporated Areas of Fairfield County.
	Approximately 650 feet upstream of the confluence with Wilson Creek	None	+886
Hocking River Lateral D	At the confluence with the Hocking River	+830	+826	City of Lancaster.
	Approximately 125 feet downstream of Collins Road	+834	+830
Hunters Run	At the confluence with the Hocking River	+819	+815	City of Lancaster, Unincorporated Areas of Fairfield County.
	Approximately 250 feet downstream of Mt. Zion Road	None	+967
Ohio Canal	At the confluence with the Hocking River	+831	+825	City of Lancaster, Unincorporated Areas of Fairfield County.
	At the confluence with Ohio Canal Lateral A	+841	+844
Ohio Canal Lateral A	At the confluence with the Ohio Canal	+841	+844	Unincorporated Areas of Fairfield County.
	Approximately 705 feet downstream of U.S. Route 33	+846	+848
Pawpaw Creek	At the confluence with Walnut Creek	None	+844	Unincorporated Areas of Fairfield County, Village of Baltimore.
	Approximately 1,169 feet upstream of North Main Street	None	+868
Rush Creek	Approximately 0.8 mile downstream of the confluence with Clark Run	+802	+800	Unincorporated Areas of Fairfield County.
	Approximately 283 feet upstream of the confluence with Clark Run	+807	+803
South Fork Licking River	At the upstream side of Walnut Road at the west crossing of the South Fork Licking River	+890	+886	Unincorporated Areas of Fairfield County.
	At the upstream side of Walnut Road at the east crossing of the South Fork Licking River	+885	+892
Stonewall Creek	At the confluence with Hunters Run	+861	+860	Unincorporated Areas of Fairfield County.
	Approximately 0.46 mile upstream of U.S. Route 22	None	+899
Sycamore Creek	At the confluence with Walnut Creek	+772	+773	City of Pickerington, Unincorporated Areas of Fairfield County.
	Approximately 505 feet upstream of DeCarlo Lane	None	+1019
Tributary B	At the upstream side of Paradise Road	None	+791	Unincorporated Areas of Fairfield County.
	Approximately 956 feet upstream of Paradise Road	None	+791
Unnamed Tributary to Sycamore Creek	At the confluence with Sycamore Creek	+840	+841	City of Pickerington, Unincorporated Areas of Fairfield County.
	Approximately 0.44 mile upstream of Doty Road	None	+881
Unnamed Tributary to Walnut Creek (Backwater effects from Walnut Creek)	At the confluence with Walnut Creek	None	+867	Unincorporated Areas of Fairfield County, Village of Thurston.
	Approximately 1,240 feet upstream of the confluence with Walnut Creek	None	+867
Willow Run	At the confluence with Sycamore Creek	+815	+816	City of Pickerington, Unincorporated Areas of Fairfield County.
	Approximately 250 feet downstream of Refugee Road	None	+918
Wilson Creek	At the confluence with the Hocking River	None	+884	Unincorporated Areas of Fairfield County.
	Approximately 200 feet downstream of Mt. Zion Road	None	+903
* 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 Lancaster
Maps are available for inspection at 121 East Chestnut Street, Lancaster, OH 43130.
City of Pickerington
Maps are available for inspection at 100 Lockville Road, Pickerington, OH 43147.
Unincorporated Areas of Fairfield County
Maps are available for inspection at 210 East Main Street, Lancaster, OH 43130.
Village of Baltimore
Maps are available for inspection at 103 West Market Street, Baltimore, OH 42105.
Village of Millersport
Maps are available for inspection at 2245 Refugee Street, Millersport, OH 43046.
Village of Thurston
Maps are available for inspection at 2215 Main Street, Thurston, OH 43157.

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

Dated: May 14, 2010.

Sandra K. Knight,

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