[Federal Register: September 25, 2008 (Volume 73, Number 187)] [Proposed Rules] [Page 55469-55473] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr25se08-22] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-1007] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. ----------------------------------------------------------------------- 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 December 24, 2008. 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-1007, 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 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: [[Page 55470]] ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD)Flooding source(s) Location of referenced Depth in feet above Communities affected elevation ** ground -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Mohave County, Arizona, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Williams Wash....................... Approximately 250 feet 2 +703 City of Bullhead City. upstream of confluence Highland/Green Wash. Approximately 622 feet None +1471 upstream of La Puerta Road. ---------------------------------------------------------------------------------------------------------------- * 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 Bullhead City Maps are available for inspection at 1255 Marina Blvd, Bullhead City, AZ 86442. ---------------------------------------------------------------------------------------------------------------- Brown County, Illinois, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Illinois River...................... From the limit of +447 +448 Unincorporated Areas of flooding affecting Brown County. community at river mile 71.3 in Pike County; 0.7 miles downstream of the Pike/ Brown County Border at approximately State Hwy 104. To the Schuyler/Morgan +448 +450 County Border at river mile 83.8; approximately the mouth of the La Moine 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 Unincorporated Areas of Brown County Maps are available for inspection at Brown County Courthouse, 200 West Court Street, Mt. Sterling, IL 62353. ---------------------------------------------------------------------------------------------------------------- Anderson County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Kentucky River...................... Anderson County and None +509 Unincorporated Areas of Franklin County Anderson County. corporate limits. Anderson County and None +527 Mercer County corporate 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 Unincorporated Areas of Anderson County Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342. ---------------------------------------------------------------------------------------------------------------- Henderson County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Canoe Creek......................... Just upstream US-41.... None +376 Unincorporated Areas of Henderson County, City of Henderson. At confluence with Elam None +383 Ditch. Elam Ditch.......................... At confluence with None +383 Unincorporated Areas of Canoe Creek. Henderson County. At Airline Road (KY- None +393 812). [[Page 55471]] Elam Ditch Tributary 1.............. At confluence with Elam None +384 Unincorporated Areas of Ditch. Henderson County. Approximately 1250 feet None +395 downstream Toy Anthoston Road (KY- 2677). Elam Ditch Tributary 2.............. At confluence with Elam None +384 Unincorporated Areas of Ditch. Henderson County. Just downstream Airline None +395 Road (KY-812). Elam Ditch Tributary 3.............. At confluence with Elam None +384 Unincorporated Areas of Ditch. Henderson County. Just downstream Toy None +389 Anthoston. Kimsey Lane Left Tributary.......... At confluence with +387 +388 Unincorporated Areas of North Fork Canoe Creek. Henderson County, City of Henderson. Approximately 750 feet +387 +388 upstream Van Wyk Road. Kimsey Lane Right Tributary......... At confluence with +387 +388 Unincorporated Areas of North Fork Canoe Creek. Henderson County, City of Henderson. At Kinsey Lane (KY- +387 +388 6112). Middle Canoe Creek.................. At confluence with +379 +382 Unincorporated Areas of Sellers Ditch. Henderson County, City of Henderson. At confluence with Elam +380 +382 Ditch. North Fork Canoe Creek.............. At confluence with +378 +382 Unincorporated Areas of Canoe Creek. Henderson County, City of Henderson. At approximately 4000 +387 +389 feet upstream Kimsey Lane (KY-6112). Sellers Ditch....................... At confluence with +377 +376 Unincorporated Areas of Canoe Creek. Henderson County. Approximately 200 feet +379 +382 upstream Old Madison Road. Tiger Ditch (Formerly Highway 812 At confluence with +379 +382 Unincorporated Areas of Tributary). North Fork Canoe Creek. Henderson County, City of Henderson. Approximately 150 feet None +391 downstream Zion Road. Tiger Ditch Tributary 1............. At confluence with None +385 Unincorporated Areas of Tiger Ditch (Formerly Henderson County, City Highway 812 Tributary). of Henderson. Just downstream Adams None +390 Lane. Upper Canoe Creek................... At confluence with +379 +382 Unincorporated Areas of Sellers Ditch. Henderson County. Approximately 3800 feet +382 +385 upstream confluence with East Fork Canoe Creek. ---------------------------------------------------------------------------------------------------------------- * 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 Henderson Maps are available for inspection at 222 First Street, Henderson, KY 42419. Unincorporated Areas of Henderson County Maps are available for inspection at 20 North Main Street, Henderson, KY 42420. ---------------------------------------------------------------------------------------------------------------- Jackson County, Michigan, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Grand River......................... Upstream side of High None +935 City of Jackson, Street. Township of Leoni, Township of Napoleon, Township of Summit. Approximately 1,400 +941 +942 feet upstream of Porbert Road. Grand River......................... Downstream side of None +909 Township of Rivas. Maple Grove Road. Approximate 0.5 mile None +910 upstream of Maple Grove Road. North Branch Grand River............ At confluence with None +935 Township of Leoni. Grand River. [[Page 55472]] Downstream side of 5th None +936 Street. North Branch Kalamazoo River........ Approximately 0.6 mile None +988 Township of Concord. upstream of N. Main Street. Approximately 1 mile None +988 upstream of N. Main Street. Vineyard Lake....................... Entire shoreline of None +970 Township of Norvell, Vineyard Lake. Township of Columbia. ---------------------------------------------------------------------------------------------------------------- * 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 Jackson Maps are available for inspection at 161 W Michigan Avenue, Jackson, MI 49201. Township of Columbia Maps are available for inspection at 8500 Jefferson Road, Brooklyn, MI 49230. Township of Concord Maps are available for inspection at 402 South Main Street, Concord, MI 49237. Township of Leoni Maps are available for inspection at 913 Fifth Street, Michigan Center, MI 49254. Township of Napoleon Maps are available for inspection at 6755 Brooklyn Road, Napoleon, MI 49261. Township of Norvell Maps are available for inspection at 106 E Commercial Street, Norvell, MI 49263. Township of Rivas Maps are available for inspection at 106 Main Street, Jackson, MI 49201. Township of Summit Maps are available for inspection at 2121 Ferguson Road, Jackson, MI 49201. ---------------------------------------------------------------------------------------------------------------- Missoula County, Montana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Clarks Fork......................... Approximately 50 feet +3160 +3157 Unincorporated Areas of upstream of Reserve Missoula County, City Street. of Missoula. Approximately 500 feet +3168 +3169 downstream of Russell Street. La Valle Creek...................... Approximately 150 feet None +3075 Unincorporated Areas of upstream of the Missoula County. Frenchtown Irrigation District Ditch. Just upstream of None +3081 Dechamps Bridge. ---------------------------------------------------------------------------------------------------------------- * 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 Missoula Maps are available for inspection at 435 Ryman St, Missoula, MT 59802. Unincorporated Areas of Missoula County Maps are available for inspection at 435 Ryman St, Missoula, MT 59802. ---------------------------------------------------------------------------------------------------------------- [[Page 55473]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: September 16, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-22523 Filed 9-24-08; 8:45 am] BILLING CODE 9110-12-P