E9-11514. 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 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 August 17, 2009.

ADDRESSES:

The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are 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-1040, to William R. Blanton, Jr., 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:

William R. Blanton, Jr., 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 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.

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:

State	City/town/county	Source of flooding	Location **	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)
				Existing	Modified
City of Burnside, Kentucky
Kentucky	City of Burnside	Lake Cumberland	Entire shoreline	None	+749
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Burnside
Maps are available for inspection at 7929 South Highway 27, Burnside, KY 42519.

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
Fairfield County, Connecticut, and Incorporated Areas
East Swamp Brook	Entire reach within City of Danbury	None	+293	City of Danbury.
Farmill River	Entire reach within Town of Stratford	None	+14	Town of Stratford.
	Entire reach within Town of Stratford	None	+70
Five Mile River	At upstream side of Old Rock Lane	+141	+139	City of Norwalk.
	Approximately 750 feet upstream of Old Rock Lane	+142	+139
Horse Tavern Brook	At upstream side of Park Avenue	+129	+132	City of Bridgeport.
	Approximately 670 feet upstream of Park Avenue	+131	+132
	Approximately 1,580 feet upstream of Old Town Road	None	+239
	Approximately 1,820 feet upstream of Old Town Road	None	+240
Horse Tavern Brook	Approximately 470 feet upstream of Old Town Road	+236	+238	Town of Trumbull.
	Approximately 1,070 feet upstream of Old Town Road	+238	+239
Housatonic River	Approximately 2,775 feet upstream of Merritt Parkway	+13	+14	Town of Stratford.
	Approximately 3,650 feet upstream of Merritt Parkway	+13	+14
Housatonic River	At confluence of Halfway River	None	+108	Town of Newtown.
	Approximately 15,800 feet upstream of confluence of Halfway River	None	+108
Laurel Brook	Approximately 320 feet upstream of confluence with Rippowam River (Upper Reach)	+244	+245	City of Stamford.
	Approximately 40 feet upstream of Laurel Road	+279	+274
Mianus River	At upstream side of Valley Road	+72	+73	Town of Greenwich.
	Approximately 270 feet upstream of Valley Road	+72	+73
Noroton River	Approximately 1,860 feet downstream of State Route 15	None	+117	Town of Darien, City of Stamford.
	Approximately 1,040 feet downstream of State Route 15	None	+117
Norwalk River	Entire reach within Town of Weston	None	+302	Town of Weston.
Norwalk River	Approximately 2,740 feet upstream of U.S. Route 7	None	+367	Town of Ridgefield.
	Approximately 3,500 feet upstream of U.S. Route 7	None	+373
Rippowam River (Upper Reach)	Approximately 290 feet downstream of Cascade Road	+227	+228	Town of New Canaan.
	Approximately 3,360 feet upstream of Cascade Road	+242	+243
Rooster River	At upstream side of Railroad	+16	+15	Town of Fairfield.
	At downstream side of Brooklawn Avenue	+20	+19
Terehaute Brook	Entire reach within City of Danbury	None	+367	City of Danbury.
	Entire reach within City of Danbury	None	+373
Tributary O at Intervale Road	Entire reach within Town of Stratford	None	+140	Town of Stratford.
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Bridgeport
Maps are available for inspection at the City of Bridgeport Zoning Office, 45 Lyon Terrace, Bridgeport, CT.
City of Danbury
Maps are available for inspection at Danbury City Hall, Engineering Department, 155 Deer Hill Avenue, Danbury, CT.
City of Norwalk
Maps are available for inspection at Norwalk City Hall, Planning and Zoning Department, 125 East Avenue, Room 223, Norwalk, CT.
City of Stamford
Maps are available for inspection at the City of Stamford Environmental Protection Board, 888 Washington Boulevard, 7th Floor, Stamford, CT.
Town of Darien
Maps are available for inspection at the Darien Town Hall, 2 Renshaw Road, Darien, CT.
Town of Fairfield
Maps are available for inspection at the Town of Fairfield Engineering Department, Sullivan Independence Hall, 725 Old Post Road, Fairfield, CT.
Town of Greenwich
Maps are available for inspection at the Greenwich Town Hall, Planning and Zoning Department, 101 Field Point Road, Greenwich, CT.
Town of New Canaan
Maps are available for inspection at the New Canaan Town Hall, Office of the Town Clerk, 77 Main Street, New Canaan, CT.
Town of Newtown
Maps are available for inspection at the Town of Newtown Land Use Agency, 31 Pecks Lane, Newtown, CT.
Town of Ridgefield
Maps are available for inspection at the Ridgefield Town Hall Annex, Planning and Zoning Department, 66 Prospect Street, Ridgefield, CT.
Town of Stratford
Maps are available for inspection at the Stratford Town Hall, Planning and Zoning Department, 2725 Main Street, Stratford, CT.
Town of Trumbull
Maps are available for inspection at the Trumbull Town Hall, Engineering Department, 5866 Main Street, Trumbull, CT.
Town of Weston
Maps are available for inspection at the Weston Town Hall, Office of the Town Clerk, 56 Norfield Road, Weston, CT.
Clinton County, Kentucky, and Incorporated Areas
Cumberland River	Approximately 2,300 feet downstream of the confluence with Tearcoat Creek	None	+568	Unincorporated Areas of Clinton County.
	Approximately 2,300 feet upstream of the confluence with Millers Creek	None	+571
Dale Hollow Lake (Wolf River)	At the confluence with Wolf River	None	+663	Unincorporated Areas of Clinton County.
	Approximately 1,800 feet upstream of the confluence with Spring Creek	None	+663
Lake Cumberland	Just upstream of Wolf Creek Dam	None	+760	Unincorporated Areas of Clinton County.
	At confluence with Otter Creek	None	+760
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Clinton County
Maps are available for inspection at 100 South Cross Street, Albany, KY 42602.
Russell County, Kentucky, and Incorporated Areas
Cumberland River	Approximately 3,700 feet downstream of the confluence with Lester Creek	None	+565	Unincorporated Areas of Russell County.
	Just downstream of Wolf Creek Dam	None	+577
Lake Cumberland	Just upstream of Wolf Creek Dam	+750	+760	Unincorporated Areas of Russell County, City of Jamestown.
	Just downstream of the confluence with Thomas Branch	+750	+760
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Jamestown
Maps are available for inspection at 202 Monument Square, Jamestown, KY 42629.
Unincorporated Areas of Russell County
Maps are available for inspection at One Public Square, Jamestown, KY 42629.
Allen Parish, Louisiana, and Incorporated Areas
Beaver Creek	Approximately 7,218 feet downstream of 16th Street	None	+117	City of Oakdale.
	Approximately 575 feet downstream of 16th Street	None	+119
Bunch Creek	Intersection of Martin Tram Road and Bunchy Creek	None	+37	Unincorporated Areas of Allen Parish.
	Approximately 3,097 feet upstream of Route 190	None	+38
Calcasieu River	Approximately 341 feet upstream of unnamed creek	None	+106	City of Oakdale.
	Intersection of unnamed creek and Union Pacific Railroad	None	+107
Gilley Gully	Approximately 1,539 feet downstream of Martin Tram Road	None	+35	Unincorporated Areas of Allen Parish.
	Approximately 4,613 feet upstream of Martin Tram Road	None	+36
Whisky Chitto Creek	Approximately 10,369 feet upstream of confluence with Calcasieu River and Whisky Chitto Creek	None	+41	Unincorporated Areas of Allen Parish.
	Approximately 6,544 feet upstream of confluence with Calcasieu River and Whisky Chitto Creek	None	+41
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Oakdale
Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463.
Unincorporated Areas of Allen Parish
Maps are available for inspection at the Allen Parish Police Jury Office, 602 Court Street, Oberlin, LA 70655.
St. Landry Parish, Louisiana, and Incorporated Areas
Bayou Belleview	Approximately 330 feet downstream of George Street	None	+68	Unincorporated Areas of St. Landry Parish.
	Approximately 125 feet upstream of Gulino Street	None	+70
Bayou Tesson	Approximately 450 feet upstream of Caddo Street	None	+68	Unincorporated Areas of St. Landry Parish, City of Opelousas.
	Approximately 100 feet upstream of Park Street	None	+70
Flooding Effects of Unnamed Canal/Ditch	Approximately 350 feet East of Palm Street	None	+25	Town of Port Barre.
	Approximately 1,800 feet West of State Highway 741 and 25 Feet North of Highway 190	None	+25
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Opelousas
Maps are available for inspection at 318 North Court Street, Opelousas, LA 70570.
Town of Port Barre
Maps are available for inspection at P.O. BOX 219, 504 Saizan Avenue, Port Barre, LA 70577.
Unincorporated Areas of St. Landry Parish
Maps are available for inspection at P.O. Drawer 1550, 308 West Bloch Street, Opelousas, LA 70571.
St. Martin Parish, Louisiana, and Incorporated Areas
Bayou Peyronnet	2.27 miles upstream of the confluence with Bayou Berard	None	*13	Unincorporated Areas of St. Martin Parish.
	2.08 miles upstream of the confluence with Bayou Berard	None	+13
Bayou Teche	1,900 feet upstream of Smede Highway	None	+15	Unincorporated Areas of St. Martin Parish.
	2.08 miles upstream of Bridge Street	None	+21
WABPL Borrow Pit (Above Henderson)	1,000 feet downstream of Potato Shed Road	+14	+16	Unincorporated Areas of St. Martin Parish.
	1.25 miles upstream of Potato Shed Road	+14	+17
WABPL Borrow Pit (Below Henderson)	2,500 feet upstream of the confluence with Berard Canal	+14	+12	Unincorporated Areas of St. Martin Parish.
	4,500 feet upstream of the confluence with Berard Canal	+14	+12
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of St. Martin Parish
Maps are available for inspection at 303 West Port Street, St. Martinsville, LA 70582.
Terrebonne Parish, Louisiana, and Incorporated Areas
Bayou Sauveur	At the intersection of Bayou Sauveur and Savanne Road	None	+5	Unincorporated Areas of Terrebonne Parish.
	At the intersection of Bayou Sauveur and Isle of Cuba Road	None	+10
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Terrebonne Parish
Maps are available for inspection at P.O. Box 6097, 8026 Main Street/HWY 24, RM 40, Houma, LA 70361.
Madison County, Ohio, and Incorporated Areas
Little Darby Creek	30,610 feet upstream from confluence of Little Darby Creek and Darby Creek	None	+881	Village of West Jefferson.
	38,850 feet upstream from confluence of Little Darby Creek and Darby Creek	None	+894
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Village of West Jefferson
Maps are available for inspection at 28 East Main Street, West Jefferson, OH 43612.
Nelson County, Virginia, and Incorporated Areas
Davis Creek	Approximately 983 feet upstream from the confluence with Rockfish River	None	+538	Unincorporated Areas of Nelson County.
	Approximately 150 feet downstream from Perry Lane	None	+862
East Branch Hat Creek	Approximately 215 feet upstream from the confluence with Hat Creek	None	+674	Unincorporated Areas of Nelson County.
	At the intersection of Shaeffers Hollow Lane	None	+802
Hat Creek	Approximately 730 feet upstream from the confluence with Tye River	None	+648	Unincorporated Areas of Nelson County.
	Approximately 610 feet downstream from East Branch Loop	None	+790
Muddy Creek	Approximately 544 feet upstream from the confluence with Davis Creek	None	+550	Unincorporated Areas of Nelson County.
	Approximately 160 feet downstream from Anderson Lane	None	+689
Rockfish River	Approximately 400 feet downstream from the confluence with Ivy Creek	None	+399	Unincorporated Areas of Nelson County.
	Approximately 2,200 feet downstream from Laurel Road	None	+458
	Approximately 1,186 feet downstream from Rock Spring Road	None	+477
	Approximately 477 feet downstream from the confluence with South Fork Rockfish River	None	+588
Tye River	At the intersection of Tye Brook Highway	None	+604	Unincorporated Areas of Nelson County.
	Approximately 2,300 feet downstream from the confluence with Hat Creek	None	+641
	Approximately 1,200 feet upstream from the confluence with Unnamed Tributary No. 6 to Tye River	None	+734
	Approximately 1,941 feet downstream from Carter Hill Road	None	+821
	Approximately 2,100 feet upstream from State Route 682	None	+892
	Approximately at the confluence with North Fork Tye River	None	+1141
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Nelson County
Maps are available for inspection at 80 Front Street, Lovingston, VA 22949.

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

Dated: May 8, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.