Federal Register: October 5, 2010 (Volume 75, Number 192)
DOCID: fr05oc10-20 FR Doc 2010-24866
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-1142]
NOTICE: PROPOSED RULES
DOCID: fr05oc10-20
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before January 3, 2011.
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:
Proposed 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: [[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)
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.
[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.
[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. 201024866 Filed 10410; 8:45 am]
BILLING CODE 911012P
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) 6463461, or (email) roy.e.wright@dhs.gov.