[Federal Register: January 5, 2009 (Volume 74, Number 2)] [Proposed Rules] [Page 241-244] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05ja09-14] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1026] 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 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-1026, 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: ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD)Flooding source(s) Location of referenced Depth in feet above Communities affected elevation** ground -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Otero County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Beeman Canyon Creek................. From where the Flow +4440 +4442 City of Alamogordo, Path meets the Dam. Unincorporated Areas of Otero County. [[Page 242]] Approximately 1906 feet None +4603 upstream from North Scenic Drive to the Limit of Study. Flow Path 12............... Approximately 758 feet None +4471 Unincorporated Areas of downstream from Otero County. Octillo Lane. Approximately 3,560 None +4670 feet upstream from South canyon Road. Flow Path 16............... Approximately 461 feet None +4461 Unincorporated Areas of downstream from Otero County. Caneadea Loop. Approximately 2,904 None +4803 feet upstream from Rocky Mountain Road to Limit of Study. Flow Path 2................ Approximately 1,450 None +4449 Unincorporated Areas of feet upstream from Dam. Otero County. Approximately 3,520 None +4481 feet upstream from the Dam. Flow Path 3................ Approximately 741 feet None +4344 Unincorporated Areas of downstream from Eddy Otero County. drive. Approximately 51 feet None +4350 upstream from Eddy drive. Flow Path 30............... At the Alamogordo City None +4122 Unincorporated Areas of Limits. Otero County, City of Alamogordo. Approximately 7,117 None +4202 feet upstream of the Alamogordo City Limits. Flow Path 31............... Approximately 2,617 None +4270 Unincorporated Areas of feet downstream from Otero County. Lavelle Road. Approximately 2,699 None +4270 feet downstream from Lavelle 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 Alamogordo Maps are available for inspection at 1376 East Ninth St., Alamogordo, NM 88310 Unincorporated Areas of Otero County Maps are available for inspection at 1000 New York Ave., Alamogordo, NM 88310. ---------------------------------------------------------------------------------------------------------------- Niagara County, New York, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Bergholtz Creek..................... At confluence with +571 +570 City of Niagara Falls, Cayuga Creek. Town of Cambria, Town of Wheatfield. Approximately 1.4 miles None +631 upstream of NY State Route 425 (Shawnee Road). Bull Creek.......................... At confluence with +573 +575 City of North Tonawanda Creek-- Tonawanda, Town of Backwater area. Cambria, Town of Pendleton, Town of Wheatfield. Approximately 240 feet None +604 upstream of Lockport Road. Cayuga Creek........................ Approximately 0.3 mile +572 +571 Town of Niagara, Town upstream of Pine of Wheatfield. Avenue/U.S. Route 62. Approximately 70 feet +586 +584 downstream of the first Airport Overpass. Cayuga Creek West Tributary......... At the confluence with +578 +579 Town of Niagara. Cayuga Creek. Approximately 240 feet None +621 upstream of Lockport Road. Cayuga Creek West Tributary Just upstream of Porter +583 +582 Town of Niagara. Diversion. Road. At the confluence with +583 +582 Cayuga Creek West Tributary. Donner Creek........................ Approximately 326 feet +618 +617 City of Lockport, Town downstream of Beatie of Lockport. Road. Approximately 975 feet +632 +631 upstream of Lincoln Avenue. Eighteenmile Creek.................. Just downstream of None +364 City of Lockport. Stone Road. Approximately 0.41 mile +363 +364 upstream of Stone Road. Eighteenmile Creek East Branch...... Approximately 1,300 +369 +374 Town of Newfane. feet downstream of Day Road. [[Page 243]] Approximately 540 feet +373 +374 upstream of Day Road. Gulf Branch......................... At confluence with +362 +364 City of Lockport. Eighteenmile Creek. Approximately 800 feet +363 +364 upstream of confluence with Eighteenmile Creek. Johnson Creek 2..................... Approximately 665 feet None +476 Town of Hartland, Town downstream of Sherman of Royalton. Road. Approximately 0.19 mile None +541 upstream of Telegraph Road. Mud Creek........................... At confluence with +581 +583 Town of Pendleton, Town Tonowanda Creek. of Lockport. Approximately 0.63 mile +582 +583 downstream of Minnick Road. Sawyer Creek (East)................. At confluence with Bull +572 +575 City of North Creek. Tonawanda, Town of Wheatfield. At the centerline of None +578 Ward Road. Sawyer Creek (West)................. At confluence with None +573 Town of Wheatfield. Bergholtz Creek. At the centerline of None +578 Ward Road. Tonawanda Creek..................... Approximately 0.9 mile None +572 City of North upstream of Twin Tonawanda, Town of Cities Memorial Lockport, Town of Highway. Pendleton, Town of Royalton, Town of Wheatfield. Approximately 2.8 miles None +593 upstream of Rapids Road. Town Ditch Number 2................. At confluence with None +578 Town of Pendleton. Tonawanda Creek. Approximately 0.8 mile None +578 upstream of Campbell Boulevard. Twelvemile Creek.................... Approximately 2.0 miles +301 +300 Town of Porter, Town of upstream of Fitch Road. Wilson. Approximately 870 feet +300 +301 downstream of Ransomville 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 Lockport Maps are available for inspection at Lockport Municipal Building, One Locks Plaza, Lockport, NY. City of Niagara Falls Maps are available for inspection at Niagara Falls City Hall, 745 Main Street, Niagara Falls, NY. City of North Tonawanda Maps are available for inspection at North Tonawanda City Hall, 216 Payne Avenue, North Tonawanda, NY. Town of Cambria Maps are available for inspection at Cambria Town Hall, 4160 Upper Mountain Road, Sanborn, NY. Town of Hartland Maps are available for inspection at Hartland Town Hall, 8942 Ridge Road, Gasport, NY. Town of Lockport Maps are available for inspection at Lockport Town Hall, 6560 Dysinger Road, Lockport, NY. Town of Newfane Maps are available for inspection at Newfane Town Hall, 2896 Transit Road, Newfane, NY. Town of Niagara Maps are available for inspection at Niagara Town Hall, 7105 Lockport Road, Niagara Falls, NY. Town of Pendleton Maps are available for inspection at Pendleton Town Hall, 6570 Campbell Boulevard, Lockport, NY. Town of Porter Maps are available for inspection at Porter Town Hall, 3265 Creek Road, Youngstown, NY. Town of Royalton Maps are available for inspection at Royalton Town Hall, 5316 Royalton Center Road, Middleport, NY. Town of Wheatfield Maps are available for inspection at Wheatfield Town Hall, 2800 Church Road, North Tonawanda, NY. Town of Wilson Maps are available for inspection at Wilson Town Hall, 375 Lake Street, Wilson, NY. ---------------------------------------------------------------------------------------------------------------- [[Page 244]] (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. E8-31267 Filed 1-2-09; 8:45 am] BILLING CODE 9110-12-P