[Federal Register: January 5, 2009 (Volume 74, Number 2)]
[Proposed Rules]
[Page 238-241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja09-13]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1028]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
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SUMMARY: Comments are requested on the proposed Base (1 percent 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 April 6, 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-1028, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail)
bill.blanton@dhs.gov.
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,
(202) 646-3151 or (e-mail) bill.blanton@dhs.gov.
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.
Administrative Procedure Act Statement. This matter is not a
rulemaking governed by the
[[Page 239]]
Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood
elevation determinations for notice and comment; however, they are
governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105,
and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and do not fall under the APA.
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:
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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation ** ground
--------------------------
Effective Modified
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Pope County, Arkansas, and Incorporated Areas
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Arkansas River...................... At the intersection of None +323 Unincorporated Areas of
the Arkansas River and Pope County.
the Arkansas Avenue
bridge.
At the confluence of None +340
the Arkansas River and
Lake Dardanelle.
Lake Dardanelle..................... Approximately 8.323 None +340 Unincorporated Areas of
miles downstream of Pope County, City of
the Highway 40 bridge. Russellville.
At the intersection of None +347
Lake Dardanelle and
the Pleasant View Road
Bridge.
Whig Creek.......................... Approximately 5,166 None +330 Unincorporated Areas of
feet from the Pope County, City of
intersection of Whig Russellville.
Creek and South
Frankfort Avenue.
Approximately 218 feet None +340
downstream of the
intersection of Whig
Creek and McHenry Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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 Russellville
Maps are available for inspection at 716 North El Paso Avenue, Russellville, AR 72801.
Unincorporated Areas of Pope County
Maps are available for inspection at 420 North Hampton, Suite B, Russellville, AR 72801.
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Crawford County, Missouri, and Incorporated Areas
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Mermac River........................ Approximately 5,000 None +708 Unincorporated Areas of
feet downstream Crawford County.
Steelville city limits.
Approximately 150 feet None +719
upstream HWY 19.
Whittenburg Creek................... Approximately 120 feet None +725 Unincorporated Areas of
downstream Snake Road. Crawford County, City
of Steelville.
Approximately 275 feet None +734
upstream HWY 8.
Yadkin Creek........................ At confluence with None +731 Unincorporated Areas of
Whittenburg Creek. Crawford County.
Approximately 900 feet None +790
upstream Steelville
city limits.
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* National Geodetic Vertical Datum.
[[Page 240]]
+ North American Vertical Datum.
Depth in feet above ground.
** 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 Steelville
Maps are available for inspection at 204 3rd St., Steelville, MO 65565.
Unincorporated Areas of Crawford County
Maps are available for inspection at 302 Main Street, Steelville, MO 65565.
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Stone County, Missouri, and Incorporated Areas
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Crane Creek......................... Approximately 960 feet None +1109 Stone County.
downstream Crane city
limits.
Approximately 430 feet None +1128
upstream Crane city
limits.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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
Stone County
Maps are available for inspection at 108 4th Street, Galena, MO 65656.
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San Juan County, New Mexico, and Incorporated Areas
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Animas River........................ At the confluence with None +5256 Unincorporated Areas of
San Juan River. San Juan County.
Approximately 1,200 None +5267
feet downstream of
Murray Dr./US-64.
Bloomfield Canyon Creek............. Approximately 2,232 None +5436 City of Bloomfield,
feet upstream of E. unincorporated Areas
Broadway Avenue. of San Juan County
At the confluence of None +5545
Bloomfield Canyon
Creek Tributary.
Bloomfield Canyon Creek Tributary... At the confluence of None +5545 City of Bloomfield,
Bloomfield Canyon Unincorporated Areas
Creek. of San Juan County.
Approximately 2,366 None +5737
feet upstream from
unnamed dirt road
bridge.
San Juan River...................... Approximately 1,709 None +5245 Unincorporated Areas of
feet downstream of San Juan County
Bisti Highway.
Approximately 9,367 None +5269
feet upstream of
confluence with Animas
River.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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 Bloomfield
Maps are available for inspection at 915 N. First St., P.O. Box 1839, Bloomfield, NM 87413.
Unincorporated Areas of San Juan County
Maps are available for inspection at 209 S. Oliver Drive, Aztec, NM 87410.
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[[Page 241]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: December 22, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-31268 Filed 1-2-09; 8:45 am]
BILLING CODE 9110-12-P