[Federal Register: November 24, 2008 (Volume 73, Number 227)] [Proposed Rules] [Page 70944-70950] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24no08-29] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-1021] 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 February 23, 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-1021, 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 [[Page 70945]] 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 ---------------------------------------------------------------------------------------------------------------- Garland County, Arkansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Molly Creek......................... Weston Road............ +410 +409 City of Hot Springs. Approximately 450 feet +541 +544 upstream of Albert Pike Road/US 270. Molly Creek Tributary 1............. Stover Road (Formerly +486 +484 City of Hot Springs. Marie St.). Molly Springs Road..... +508 +506 ---------------------------------------------------------------------------------------------------------------- * 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 Hot Springs Maps are available for inspection at Garland County Library, 1427 Malvern Ave., Hot Springs, AR 71901. ---------------------------------------------------------------------------------------------------------------- White County, Arkansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Deener Creek........................ Ella Street............ None +237 Unincorporated Areas of White County. Approximately 1994 feet None +240 upstream from Ella Street.. ---------------------------------------------------------------------------------------------------------------- * 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 White County Maps are available for inspection at 119 West Arch Avenue, Searcy, AR 72143. ---------------------------------------------------------------------------------------------------------------- Barrow County, Georgia, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Apalachee River..................... Approximately 5,345 None +820 Unincorporated Areas of feet upstream of Barrow County, City of Loganville Highway. Auburn. Approximately 1,140 None +905 feet upstream of CSX Railroad. [[Page 70946]] Cedar Creek......................... Approximately 1,220 None +820 Unincorporated Areas of feet downstream of Barrow County, City of Miles Patrick Road. Winder. Approximately 470 feet None +822 downstream of Miles Patrick Road. Tributary No. 1..................... At the confluence with None +822 Unincorporated Areas of Cedar Creek. Barrow County, City of Winder. Approximately 50 feet None +840 downstream of Sims Road. Winder Reservoir.................... Entire Shoreline....... None +850 Unincorporated Areas of Barrow County. ---------------------------------------------------------------------------------------------------------------- * 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 Auburn Maps are available for inspection at City Hall, 1369 Fourth Avenue, Auburn, GA 30011. City of Winder Maps are available for inspection at Inspections Department, 23 North Jackson Street, Winder, GA 30680. Unincorporated Areas of Barrow County Maps are available for inspection at Annex Building, 223 East Broad Street, Winder, GA 30680. ---------------------------------------------------------------------------------------------------------------- Franklin County, Illinois, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Big Ditch Tributary................. From approximately None +382 Unincorporated Areas of 2,630 feet upstream of Franklin County, City the confluence with of West Frankfort. Middle Fork Big Muddy River. To approximately 790 None +388 feet downstream of County Highway 37/ Logan Street. Ewing Creek......................... From approximately None +385 Unincorporated Areas of 5,000 feet upstream of Franklin County, City the confluence with of West Frankfort. Middle Fork Big Muddy River. To approximately 2,500 None +393 feet upstream of County Highway 5/ Deering Road. Pond Creek.......................... From Interstate 57..... None +394 Unincorporated Areas of Franklin County, City of West Frankfort. To approximately 2,250 None +398 feet upstream of Old Johnston City Road. Rend Lake........................... From the Rend Lake Dam. None +415 Unincorporated Areas of Franklin County. To approximately 5,650 None +415 feet west of the intersection of North County Line Road and Conservation Lane. ---------------------------------------------------------------------------------------------------------------- * 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 West Frankfort Maps are available for inspection at West Frankfort City Hall, 110 N. Jefferson Street, West Frankfort, IL 62896. Unincorporated Areas of Franklin County Maps are available for inspection at Franklin County Highway Department, 13034 Oddfellow Lane, Benton, IL 62812. ---------------------------------------------------------------------------------------------------------------- Lyon County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cumberland River (Lake Barkley)..... At Barkley Dam......... None +375 Unincorporated Areas of Lyon County. [[Page 70947]] At confluence with None +375 Hurricane Creek (Southern county boundary). Tennessee River (Kentucky Lake)..... Approximately 500 feet None +375 Unincorporated Areas of downstream Barkley Lyon County. Canal. Approximately 3200 feet None +375 upstream Duncan 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 Unincorporated Areas of Lyon County Maps are available for inspection at 500A W. Dale Ave., Eddyville, KY 42038. ---------------------------------------------------------------------------------------------------------------- Menifee County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Licking River (Cave Run Lake)....... At confluence with Buck None +765 City of Frenchburg. Creek. At confluence with None +765 North Fork Licking 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 Frenchburg Maps are available for inspection at 157 Old Campus Road, Frenchburg, KY 40322. ---------------------------------------------------------------------------------------------------------------- Curry County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Northeast Drain..................... Approximately 645 feet +4222 +4225 City of Clovis. upstream from Schepps Blvd. Approximately from the +4234 +4236 intersection of Merlene Blvd. Northeast Drain..................... Approximately 5,276 None +4216 Unincorporated Areas of feet downstream from Curry County. Humphry Road. At the confluence of None +4217 West Second Street Drain. Thomas Ditch 1...................... At the intersection of None +4262 Unincorporated Areas of Brady Avenue. Curry County. At the intersection of None +4280 the Burlington Northern Santa Fe Railroad. West Second Street Drain............ At the confluence of None +4217 Unincorporated Areas of Northeast Drain. Curry County. Approximately 268 feet None +4232 upstream from Norris 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 Clovis Maps are available for inspection at 321 Connelly, Clovis, NM 88101. Unincorporated Areas of Curry County Maps are available for inspection at 321 Connelly, Clovis, NM 88102. ---------------------------------------------------------------------------------------------------------------- [[Page 70948]] Dona Ana County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Baylor Canyon Arroyo................ At the upstream face of None +4604 Unincorporated Areas of U.S. Highway 70 Bridge. Dona Ana County. Approximately 3,375 None +4797 feet upstream of confluence with Baylor Canyon Arroyo Tributary 1. Baylor Canyon Arroyo Tributary 1.... At confluence with None +4713 Unincorporated Areas of Baylor Canyon Arroyo. Dona Ana County. Approximately 3,800 None +4823 feet above confluence with Baylor Canyon Arroyo. Baylor Canyon Arroyo Tributary 2.... At confluence with None +4668 Unincorporated Areas of Baylor Canyon Arroyo. Dona Ana County. Approximately 6,850 None +4806 feet upstream of confluence with Baylor Canyon Arroyo. Flow Path 1......................... At upstream face of None +4317 City of Las Cruces. Sand Hill Dam (Chandler Tank). At intersection of Main None +4462 St. and Sand Hill Arroyo (Flowpath 1). Flow Path 12........................ At Interstate 10 +3965 +3966 Unincorporated Areas of Southbound frontage Dona Ana County, City road (Las Alturas). of Las Cruces. Approximately 7,470 None +4189 feet upstream of Tellbrook Road. Flow Path 3......................... Approximately 4932 feet +4186 +4188 City of Las Cruces. downstream from the confluence of North Tributary 2 and Flow Path 3. Approximately 200 feet None +4252 downstream from the Alameda Dam. North Branch Gardner Arroyo......... Approximately 675 feet None +3781 Unincorporated Areas of upstream of Dona Ana County. intersection of McNutt Road and Alvarez Road. Approximately 3,875 None +3835 feet upstream of intersection of McNutt Road and Alvarez Road. North Vado Arroyo................... At confluence with None +3826 Unincorporated Areas of Unnamed Drainage. Dona Ana County. At downstream face of None +3900 Interstate 10 Bridge. South Branch of Gardner Arroyo...... Approximately 580 feet None +3784 Unincorporated Areas of upstream of McNutt Dona Ana County. Road and Alvarez Road. Approximately 5,190 None +3831 feet upstream of intersection of McNutt Road and Alvarez Road. South Vado Arroyo................... At confluence with None +3822 Unincorporated Areas of Unnamed Drainage. Dona Ana County. At downstream face of None +3871 Interstate 10 Bridge. Stream Bilbo........................ At Bilbo Pond Spillway None +3895 Unincorporated Areas of at Mesilla Hills Road. Dona Ana County, Town of Mesilla. At Lake Maureen None +4144 Spillway. ---------------------------------------------------------------------------------------------------------------- * 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 Las Cruces Maps are available for inspection at 200 North Church St., Las Cruces, NM 88001. Town of Mesilla Maps are available for inspection at Calle de Parian, P.O. Box 10, Mesilla, NM 88046. Unincorporated Areas of Dona Ana County Maps are available for inspection at 251 West Amador, Room 100B, Las Cruces, NM 88001. ---------------------------------------------------------------------------------------------------------------- Carter County, Oklahoma, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Hickory Creek....................... Approximately 3528 feet None +792 Unincorporated Areas of downstream of the Carter County. confluence of Hickory Creek Tributary A and Hickory Creek. Approximately at the None +795 crosspoint of Breezewood Road and Hickory Creek. Sand Creek Tributary B.............. Approximately 3045 feet None +791 Unincorporated Areas of downstream from the Carter County. Carter 1 Dam. [[Page 70949]] Approximately at the None +826 intersection of Sand Creek Tributary B and Refinery Road. Approximately 3410 feet upstream from the Carter 1 Dam. Wolf Creek.......................... Approximately 3315 feet None +830 Unincorporated Areas of upstream from the Carter County. confluence of Wolf Creek and Cottonwood Creek. Approximately 1045 feet None +852 from the confluence of Wolf Creek Tributary 2 and Wolf 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 Unincorporated Areas of Carter County Maps are available for inspection at 20 B Street, SW., 102, Ardmore, OK 73401. ---------------------------------------------------------------------------------------------------------------- Muskogee County, Oklahoma, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Arkansas River...................... Approximately 1371 feet None +553 Muskogee County. downstream of State Highway 104. Approximately 1625 feet None +554 upstream of State Highway 104. ---------------------------------------------------------------------------------------------------------------- * 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 Muskogee County Maps are available for inspection at Muskogee County Courthouse, 4517 Dennison Street, Muskogee, OK 74402. ---------------------------------------------------------------------------------------------------------------- Waupaca County, Wisconsin, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Little Wolf River/Big Falls Pond.... 0.33 mile downstream of +880 +879 Village of Big Falls, bridge at County Unincorporated Areas Highway G. of Waupaca County. 1.1 miles upstream of +909 +910 bridge at County Highway G. Waupaca River/Weyau-................ 2.65 miles upstream of +757 +756 City of Waupaca, City wega Lake........................... confluence with Wolf of Weyauwega, River. Unincorporated Areas of Waupaca County 390 feet upstream of None +893 bridge at Anderson Road. Wolf River.......................... Southern Waupaca County None +753 Village of Fremont, boundary. Unincorporated Areas of Waupaca County. 3.58 miles downstream +757 +756 of bridge at County Highway X. ---------------------------------------------------------------------------------------------------------------- * 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 Waupaca Maps are available for inspection at 111 South Main Street, Waupaca, WI 54981. City of Weyauwega [[Page 70950]] Maps are available for inspection at 109 East Main Street, Weyauwega, WI 54983. Unincorporated Areas of Waupaca County Maps are available for inspection at 811 Harding Street, Waupaca, WI 54981. Village of Big Falls Maps are available for inspection at 220 Main Street, Big Falls, WI 54926. Village of Fremont Maps are available for inspection at 317 Wolf River Drive, Fremont, WI 54940. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: November 14, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-27811 Filed 11-21-08; 8:45 am] BILLING CODE 9110-12-P