E9-21471. 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 December 7, 2009.

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-1065, 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 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:

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
Colfax County, New Mexico, and Incorporated Areas
Ranton Creek	Approximately 450 feet downstream of Kiowa Avenue	None	+6541	Unincorporated Areas of Colfax County.
	Approximately 150 feet downstream of Kiowa Avenue	None	+6547
* 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 Colfax County
Maps are available for inspection at the Floodplain Manager's Office, 116 South 3rd Street, Raton, NM 87740.
Luna County, New Mexico, and Incorporated Areas
Mimbres River	Approximately 2.1 miles upstream of State Highway 549 Southeast	+4152	+4151	Unincorporated Areas of Luna County.
	Approximately 1,500 feet downstream of Interstate Highway 10	+4280	+4282
* 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 Luna County
Maps are available for inspection at 201 East Cody Street, Deming, NM 88030.
Taos County, New Mexico, and Incorporated Areas
Bitter Creek	At the confluence with Red River	+8654	+8659	Town of Red River, Unincorporated Areas of Taos County.
	Approximately 1,150 feet upstream of High Creek	None	+8696
Red River	Just upstream of High Cost Trail	+8608	+8612	Town of Red River, Unincorporated Areas of Taos County.
	Approximately 1.08 miles downstream of Goose Lake Trail 66	None	+8782
Rio Lucero	At the confluence with Rio Pueblo De Taos	None	+6886	Pueblo of Taos.
	Approximately 0.56 miles upstream of Paseo Del Pueblo Norte Road	None	+6995
Rio Pueblo De Taos	Just upstream of Karavas Road	None	+6886	Town of Taos, Pueblo of Taos.
	Approximately 600 feet downstream of Paseo Del Pueblo Norte Road	None	+6952
* 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
Pueblo of Taos
Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571.
Town of Red River
Maps are available for inspection at 100 East Main Street, Red River, NM 87558.
Town of Taos
Maps are available for inspection at the Planning Department, 400 Camino De La Placita, Taos, NM 87571.
Unincorporated Areas of Luna County
Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos, NM 87571.
Cannon County, Tennessee, and Incorporated Areas
East Fork Stones River	Approximately 80 feet downstream of confluence with Lehman Branch	None	+690	Unincorporated Areas of Cannon County.
	Approximately 40 feet upstream of Dolittle Road	None	+706
* 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 Cannon County
Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190.
Stewart County, Tennessee, and Incorporated Areas
Tennessee River	County Boundary Between Houston/Stewart Counties, Tennessee (approximately River Mile 74.2)	None	+375	Unincorporated Areas of Stewart County.
	From the Kennedy/Tennessee state boundary (approximately River Mile 49.2)	None	+375
* 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 Stewart County
Maps are available for inspection at 226 Lakeview Drive, Dover, TN 37058.
DeWitt County, Texas, and Incorporated Areas
Gohlke Creek	Just upstream of Old Clinton Road	None	+166	Unincorporated Areas of DeWitt County.
	Approximately 800 feet downstream of West Heaton Street	None	+167
SCS Channel	Approximately 1.1 miles downstream of Old Cheapside Road	None	+178	Unincorporated Areas of DeWitt County.
	Approximately 650 feet downstream of Terrell Street	None	+184
* 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 DeWitt County
Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954.
Medina County, Texas, and Incorporated Areas
Burnt Boot Creek	Approximately 1,570 feet downstream of the intersection of Thompson Avenue	None	+634	Unincorporated Areas of Medina County, City of Devine.
	Approximately 0.54 miles upstream of the intersection of RM 92	None	+700
Chacon Creek	Approximately 1.46 miles downstream of the intersection of Highway 81	None	+660	Unincorporated Areas of Medina County, City of Natalia.
	Approximately 698 feet upstream of the intersection of RM 139	None	+717
East Branch of Live Oak Creek	Approximately 2.28 miles downstream of the intersection of Highway 90	None	+847	Unincorporated Areas of Medina County, City of Hondo.
	Approximately 2.02 miles upstream of the intersection of Highway 90	None	+913
Elm Slough	Approximately 1.13 miles downstream of CR 446	None	+803	Unincorporated Areas of Medina County, City of Hondo.
	Approximately 1,987 feet upstream of Co. Highway 443	None	+888
Flat Creek	Approximately 2.4 miles downstream of the intersection of Highway 90	None	+720	Unincorporated Areas of Medina County, City of Castroville.
	Approximately 1.7 miles upstream of the intersection of Highway 90	None	+784
Fort Ewell Creek	Just upstream of the confluence of Chacon Creek	None	+694	Unincorporated Areas of Medina County, City of Natalia.
	Just downstream of the intersection of RM 136	None	+701
Hondo Creek	Approximately 0.50 miles downstream of CR 4526	None	+839	Unincorporated Areas of Medina County.
	Approximately 1.29 miles upstream of Vandenburg Road	None	+917
Hondo Creek Tributary	Approximately 873 feet downstream of Highway 173	None	+862	Unincorporated Areas of Medina County.
	Approximately 0.62 miles upstream of Highway 173	None	+878
Kempf Creek	Just upstream of the confluence of Medina River	None	+758	Unincorporated Areas of Medina County, City of Castroville.
	Approximately 215 feet downstream of the intersection of Farm Road 471	None	+778
Little Live Oak Creek and flooding effects	Approximately 1.41 miles downstream of the intersection of CR 532	None	+812	Unincorporated Areas of Medina County, City of Hondo.
	Approximately 1,011 feet upstream of 19th Street	None	+897
Little Sous Creek	Approximately 4,009 feet downstream of the intersection of Highway 90	None	+737	Unincorporated Areas of Medina County.
	Approximately 2.2 miles upstream of the intersection of Highway 90	None	+827
Medina River	Approximately 0.60 miles downstream of the intersection of Lacoste Road	None	+689	Unincorporated Areas of Medina County, City of Castroville.
	Approximately 1.8 miles upstream of the confluence of Kempf Creek	None	+767
Parkers Creek	Approximately 2.71 miles downstream of the intersection of FM 2200	None	+826	Unincorporated Areas of Medina County.
	Approximately 1.61 miles upstream of the intersection of Highway 90	None	+914
Polecat Creek	Approximately 0.55 miles downstream of the intersection of Dhanis Street	None	+708	Unincorporated Areas of Medina County, City of LaCoste.
	Approximately 503 feet upstream of the intersection of FM 471	None	+722
San Fransisco Perez Creek	Approximately 0.49 miles downstream of the intersection of RM 101	None	+646	Unincorporated Areas of Medina County, City of Devine.
	Approximately 1.1 miles upstream of the intersection of RM 90	None	+699
Seco Creek	Approximately 5.94 miles downstream of the intersection of CR 512	None	+838	Unincorporated Areas of Medina County.
	Approximately 4.1 miles upstream of the intersection of CR 428	None	+935
South Fork San Geronimo Creek	Approximately 786 feet downstream of the confluence of Unnamed Tributary 1 to South Fork San Geronimo Creek	None	+1324	Unincorporated Areas of Medina County.
	Approximately 947 feet upstream of the confluence of Unnamed Tributary 2 to South Fork San Geronimo Creek	None	+1407
South Polecat Creek	Approximately 0.42 miles downstream of the intersection of Dhanis Street	None	+708	Unincorporated Areas of Medina County, City of LaCoste.
	Approximately 0.44 miles upstream of the intersection of Contis Avenue	None	+730
Tehuacana Creek	Approximately 1.24 miles downstream of the confluence of East Tehuacana Creek	None	+623	Unincorporated Areas of Medina County.
	Just downstream of the confluence of West Fork Tehuacana Creek	None	+660
Unnamed Tributary 1 to San Geronimo Creek	Approximately 1.4 miles upstream of the confluence of San Geronimo Creek	None	+1360	Unincorporated Areas of Medina County.
	Approximately 2.6 miles upstream of the confluence of San Geronimo Creek	None	+1465
Unnamed Tributary 1 to South Fork San Geronimo Creek	Just upstream of the confluence of South Fork San Geronimo Creek	None	+1345	Unincorporated Areas of Medina County.
	Approximately 1,844 feet upstream of the confluence of South Fork San Geronimo Creek	None	+1371
Unnamed Tributary 2 to South Fork San Geronimo Creek	Just upstream of the confluence of South Fork San Geronimo Creek	None	+1401	Unincorporated Areas of Medina County.
	Approximately 1,069 feet upstream of the confluence of South Fork San Geronimo Creek	None	+1412
Unnamed Tributary 2 to San Geronimo Creek	Approximately 779 feet upstream of the intersection of RT 37	None	+1295	Unincorporated Areas of Medina County.
	Approximately 0.65 miles upstream of the intersection of RT 37	None	+1339
Unnamed Tributary to Medina Diversion Reservoir	Approximately 1,514 feet downstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir	None	+1159	Unincorporated Areas of Medina County.
	Approximately 1.4 miles upstream of the confluence of Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir	None	+1242
Unnamed Tributary to Unnamed Tributary to Medina Diversion Reservoir	Just upstream of the confluence of Unnamed Tributary to Medina Diversion Reservoir	None	+1173	Unincorporated Areas of Medina County.
	Approximately 0.8 miles upstream of the confluence of Unnamed Tributary to Medina Diversion Reservoir	None	+1264
West Branch Little Live Oak Creek	Approximately 0.57 miles downstream of intersection of CR 532	None	+832	Unincorporated Areas of Medina County, City of Hondo.
	Approximately 0.39 miles upstream of the intersection of CR 530	None	+885
West Fork Tehuacana Tributary	Just upstream of the confluence of West Fork Tehuacana Creek	None	+668	Unincorporated Areas of Medina County.
	Approximately 0.62 miles upstream of CR 732	None	+699
West Prong Atascosa River	Approximately 295 feet downstream of the intersection of Main Street	None	+693	Unincorporated Areas of Medina County, City of Lytle.
	Just downstream of the intersection of CR 681	None	+715
West Tehuacana Creek	Just upstream of the confluence of Tehuacana Creek	None	+662	Unincorporated Areas of Medina County.
	Approximately 1,258 feet upstream of the intersection of CR 732	None	+707
* 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 Castroville
Maps are available for inspection at 703 Paris Street, Castroville, TX 78009.
City of Devine
Maps are available for inspection at 303 South Teel Drive, Devine, TX 78016.
City of Hondo
Maps are available for inspection at 1600 Avenue M, Hondo, TX 78861.
City of LaCoste
Maps are available for inspection at 16004 South Front Street, LaCoste, TX 78039.
City of Lytle
Maps are available for inspection at 19325 FM 2790, Lytle, TX 78052.
City of Natalia
Maps are available for inspection at 300 3rd Street, Natalia, TX 78059.
Unincorporated Areas of Medina County
Maps are available for inspection at 709 Avenue Y, Hondo, TX 78861.
Washington County, Texas, and Incorporated Areas
Hog Branch	Approximately 2,500 feet upstream of North Blue Bell Road	None	+240	Unincorporated Areas of Washington County.
	Approximately 1,000 feet upstream of North Blue Bell Road	None	+249
Little Sandy Creek	Approximately 300 feet upstream of Old Independence Road	None	+240	Unincorporated Areas of Washington County.
	Approximately 200 feet downstream of Burleson Street	None	+278
* 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 Washington County
Maps are available for inspection at the County Courthouse, 100 East Main, Brenham, TX 77833.
Box Elder County, Utah, and Incorporated Areas
Box Elder Creek	Just upstream of Watery Lane	None	+4236	City of Brigham City.
	Upstream end of Mayor's Pond spillway	None	+4541
* 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 Brigham City
Maps are available for inspection at 20 North Main Street, Brigham City, UT 84302.

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

Deborah S. Ingram,

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