Federal Register: June 3, 2010 (Volume 75, Number 106)

DOCID: fr03jn10-29 FR Doc 2010-13268

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1105]

NOTICE: PROPOSED RULES

DOCID: fr03jn10-29

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY:

Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before September 1, 2010.

DOCUMENT 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.

SUMMARY:

Flood Elevation Determinations

SUPPLEMENTAL 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.

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]Elevation Communities affected elevation in meters (MSL) Effective Modified Christian County, Illinois, and Incorporated Areas Sangamon River...................... Approximately 1,350 None +574 Unincorporated Areas of feet downstream of Christian County. 1725 East Road
extended.
Approximately 200 feet None +587 upstream of Meridan
Road extended.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[[Page 31374]]
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 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 Christian County Maps are available for inspection at the Christian County Courthouse, 101 South Main Street, Taylorville, IL 62568.
Knox County, Illinois, and Incorporated Areas Cedar Creek......................... Approximately 0.51 mile None +731 City of Galesburg, upstream of West Knox Unincorporated Areas Road. of Knox County. Approximately 350 feet None +777 upstream of Farnham
Street.
Spoon River......................... Approximately 0.47 mile None +537 Unincorporated Areas of downstream of Knox Knox County. County Highway 39.
Approximately 0.39 mile None +538 upstream of Knox
County Highway 39.
Tributary to Swegle Creek........... Approximately 1,200 None +539 Unincorporated Areas of feet upstream of Knox County. Terwilliger Street
extended.
Approximately 1,260 None +539 feet upstream of
Terwilliger Street
extended.
* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Galesburg
Maps are available for inspection at City Hall, 55 West Tompkins Street, Galesburg, IL 61401. Unincorporated Areas of Knox County Maps are available for inspection at the Knox County Courthouse, 200 South Cherry Street, Galesburg, IL 61401. Piatt County, Illinois, and Incorporated Areas North East Tributary................ Approximately 200 feet None +652 City of Monticello, downstream of State Unincorporated Areas Street. of Piatt County. Approximately at the None +656 downstream side of
State Street.
North Unnamed Creek................. Approximately 1,000 None +646 City of Monticello, feet downstream of Unincorporated Areas Front Street. of Piatt County. Approximately 940 feet None +650 upstream of Market
Street.
Sangamon River...................... Approximately 2.52 None +644 City of Monticello, miles downstream of Unincorporated Areas the abandoned railroad of Piatt County. bridge in the City of Monticello.
Approximately at the None +649 downstream side of the railroad.
Unnamed Tributary to Sangamon River. At the confluence with None +645 City of Monticello, the Sangamon River. Unincorporated Areas of Piatt County. Approximately 610 feet None +645 upstream of County
Farm 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. [[Page 31375]]
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 Monticello
Maps are available for inspection at City Hall, 210 North Hamilton Street, Monticello, IL 61856. Unincorporated Areas of Piatt County Maps are available for inspection at the Piatt County Courthouse, 101 West Washington Street, Monticello, IL 61856.
Franklin County, Kansas, and Incorporated Areas Marias des Cygnes River............. At South East Street... None +882 City of Rantoul Approximately 800 feet None +882 upstream of Vermont
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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Rantoul
Maps are available for inspection at 120 East Main Street, Rantoul, KS 66079. Howell County, Missouri, and Incorporated Areas Burton Branch....................... Approximately 2,200 None +1022 City of West Plains, feet upstream of Davis Unincorporated Areas Lane. of Howell County. Approximately 3,700 None +1031 feet upstream of Davis Lane.
Drainage Ditch Number 1............. Approximately 315 feet None +1255 Unincorporated Areas of upstream of the City Howell County. of Willow Springs
corporate limits.
Approximately 3,400 None +1279 feet upstream of the City of Willow Springs corporate limits.
Drainage Ditch Number 4............. Approximately 1,300 None +1197 City of Willow Springs, feet upstream of U.S. Unincorporated Areas Route 60/63. of Howell County. Approximately 525 feet None +1225 upstream of County
Road 3280.
Eleven Point River.................. Approximately 1,500 None +1183 City of Willow Springs, feet downstream of the Unincorporated Areas City of Willow Springs of Howell County corporate limits.
Approximately 425 feet None +1289 upstream of the City of Willow Springs
corporate limits.
Jam Up Creek........................ Approximately at None +1098 Unincorporated Areas of Country Road 3160. Howell County Approximately 100 feet None +1099 upstream of Country
Road 3890.
Mustion Creek....................... Approximately 330 feet None +997 Unincorporated Areas of downstream of the City Howell County. of West Plains
corporate limits.
Approximately 160 feet None +998 downstream of the City of West Plains
corporate limits.
South Fork Howell Creek............. Just upstream of None +1025 Unincorporated Areas of Katherine Street. Howell County. Approximately 400 feet None +1027 upstream of Katherine 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. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. [[Page 31376]]
ADDRESSES City of West Plains
Maps are available for inspection at 1910 Holiday Lane, West Plains, MO 65775. City of Willow Springs
Maps are available for inspection at 900 West Main Street, Willow Springs, MO 65793. Unincorporated Areas of Knox County Maps are available for inspection at 4 Courthouse, West Plains, MO 65775. Johnson County, Missouri, and Incorporated Areas Clear Fork.......................... Approximately 550 feet None +701 City of Knob Noster, downstream of County Unincorporated Areas Road 751. of Johnson County. Approximately 1,750 None +724 feet upstream of U.S. Route 50.
Hughes Branch....................... Approximately 550 feet None +737 Unincorporated Areas of downstream of County Johnson County. Road 75.
Approximately 100 feet None +745 upstream of State
Highway 132.
Approximately 200 feet None +769 upstream of State
Street.
Approximately 2,000 None +778 feet upstream of State Street.
Tributary 2......................... Approximately 50 feet None +749 Unincorporated Areas of downstream of State Johnson County. Highway 132.
Approximately 300 feet None +750 upstream of State
Highway 132.
* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Knob Noster
Maps are available for inspection at 218 North State Street, Knob Noster, MO 65336. Unincorporated Areas of Johnson County Maps are available for inspection at 122 Hout Street, Suite A, Warrensburg, MO 64093. Lawrence County, Missouri, and Incorporated Areas Kelly Creek Tributary............... Approximately 300 feet None +1370 Unincorporated Areas of upstream of the City Lawrence County. of Monett corporate
limits.
Approximately 1,600 None +1390 feet upstream of the City of Monett
corporate limits.
Tributary No 1...................... Approximately 50 feet None +1326 Unincorporated Areas of upstream of the Lawrence County. confluence with
Unnamed Tributary.
Approximately 275 feet None +1333 upstream of State
Highway 37.
Unnamed Tributary................... Approximately 200 feet None +1290 Unincorporated Areas of upstream of the county Lawrence County. boundary.
Approximately 40 feet None +1335 downstream of the City of Monett corporate
limits.
Unnamed Tributary Number 1.......... Approximately 200 feet None +1372 City of Aurora. downstream of
Washington Avenue.
Approximately 525 feet None +1406 upstream of Union
Street.
Unnamed Tributary Number 2.......... Approximately 600 feet None +1359 City of Aurora. upstream of South
Street.
Approximately 100 feet None +1402 upstream of Prospect Street.
Unnamed Tributary Number 3.......... Approximately 250 feet None +1376 City of Aurora. upstream of the
confluence with
Unnamed Tributary
Number 2.
At Tyler Drive......... None +1390 Unnamed Tributary Number 4.......... Approximately 215 feet None +1361 City of Aurora. upstream of Saint
Louis Street.
Approximately 650 feet None +1381 upstream of Lincoln
Avenue.
* National Geodetic Vertical Datum.
[[Page 31377]]
+ 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Aurora
Maps are available for inspection at 2 West Pleasant Street, Aurora, MO 65605. Unincorporated Areas of Lawrence County Maps are available for inspection at 1 East Courthouse Square, Mt. Vernon, MO 65712. (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. [FR Doc. 201013268 Filed 6210; 8:45 am]
BILLING CODE 911012P

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) 6462820, or (email) kevin.long@dhs.gov.