Proposed Flood Elevation Determinations
Federal Register: April 3, 2008 (Volume 73, Number 65)
Proposed Rules
Page 18243-18246
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr03ap08-27
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 67
Docket No. FEMA-B-7769
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 July 2, 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-7769, 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
Page 18244
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
Location of referenced feet (NAVD) Depth in
Flooding source(s)
elevation**
feet above ground
Communities affected
Effective
Modified
Jersey County, Illinois, and Incorporated Areas
Elsah Creek......................... At the mouth of the
+439
+438 Village of Elsah.
Mississippi River.
Approximately 500 feet
+439
+438 upstream of Maple
Street.
Illinois River...................... At the mouth of the
+440
+439 Unincorporated Areas of
Mississippi River in
Jersey County, City of
Jersey County.
Grafton.
Approximately 1500 feet
+440
+439 upstream of the
Illinois River Road
Ferry Crossing.
Mississippi River................... Approximately 0.5 miles
+438
+437 Unincorporated Areas of downstream of the
Jersey County, City of confluence of Piasa
Grafton, Village of
Creek.
Elsah.
At river mile 223.1 at
+441
+440 the downstream tip of
Iowa Island.
* 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 Grafton
Maps are available for inspection at Grafton City Hall, 118 East Main Street, Grafton, IL 62037.
Unincorporated Areas of Jersey County
Maps are available for inspection at Jersey County Government Building, 200 North Lafayette St., Jerseyville, IL 62052.
Village of Elsah
Maps are available for inspection at 51 North Street, P.O. Box 28, Elsah, IL 62028.
Yancey County, North Carolina, and Incorporated Areas
Bailey Branch....................... At the confluence with
None
+2575 Unincorporated Areas of
Pine Swamp Branch.
Yancey County.
Approximately 1,740
None
+2637 feet upstream of the confluence with Pine
Swamp Branch.
Bald Mountain Creek................. At the confluence with
+2293
+2294 Unincorporated Areas of
Cane River.
Yancey County.
Approximately 1,810
None
+2467 feet upstream of Bee
Log Road (State Road 1408).
Big Crabtree Creek.................. The confluence with
None
+2411 Unincorporated Areas of
South Toe River.
Yancey County.
Approximately 1.4 miles
None
+3147 upstream of Seven Mile
Ridge Road (State Road 1167).
Brown Creek......................... Approximately 300 feet
+2633
+2634 Unincorporated Areas of upstream of the
Yancey County. confluence with South
Toe River.
Page 18245
Approximately 1.2 miles
None
+4690 upstream of Upper
Browns Creek Road
(State Road 1154).
Cane River.......................... At the confluence with
None
+2044 Unincorporated Areas of
Nolichucky River and
Yancey County.
North Toe River.
Approximately 60 feet
None
+3157 downstream of the confluence of Mitchell
Creek.
Cattail Creek....................... At Mountain Farm Road..
None
+3012 Unincorporated Areas of
Yancey County.
At the confluence of
None
+3157
North Fork Cattail
Creek and South Fork
Cattail Creek.
Jacks Creek......................... At the confluence with
None
+2136 Unincorporated Areas of
North Toe River.
Yancey County.
Approximately 60 feet
None
+2532 upstream of Sheriff
Anglin Road (State
Road 1364).
Little Crabtree Creek............... Approximately 450 feet
+2622
+2623 Unincorporated Areas of downstream of Depot
Yancey County, Town of
Street (State Road
Burnsville. 1140).
Approximately 650 feet
None
+2740 upstream of East
Boulevard.
McIntosh Branch..................... The confluence with
None
+2699 Unincorporated Areas of
Pine Swamp Branch.
Yancey County, Town of
Burnsville.
Approximately 50 feet
None
+2751 upstream of Van Kirk
Lane.
Mitchell Branch..................... At the confluence with
None
+2705 Unincorporated Areas of
Little Crabtree Creek.
Yancey County, Town of
Burnsville.
Approximately 260 feet
None
+2751 upstream of Mitchell
Branch (State Road 1373).
Nolichucky River.................... Approximately 550 feet
None
+1981 Unincorporated Areas of upstream of the
Yancey County. railroad.
At the confluence of
None
+2044
Cane River and North
Toe River.
North Cox Creek..................... Approximately 220 feet
+2148
+2149 Unincorporated Areas of upstream of the
Yancey County. confluence with Cane
River.
Approximately 1.5 miles
None
+3061 upstream of the confluence with Cane
River.
North Fork Cattail Creek............ At the confluence with
None
+3157 Unincorporated Areas of
Cattail Creek and
Yancey County.
South Fork Cattail
Creek.
Approximately 1.1 miles
None
+4869 upstream of North Fork
Road.
North Toe River..................... At the confluence with
None
+2044 Unincorporated Areas of
Nolichucky River and
Yancey County.
Cane River.
At the Yancey/Mitchell
None
+2411
County boundary.
Pine Swamp Branch................... At the confluence with
None
+2553 Unincorporated Areas of
Cane River.
Yancey County, Town of
Burnsville.
Approximately 1,770
None
+2720 feet upstream of
Cherry Lane (State
Road 1139).
Pine Swamp Branch................... Approximately 1,770
None 1 Town of Burnsville. feet upstream of
Cherry Lane (State
Road 1139).
Approximately 200 feet
None 1 upstream of East Main
Street.
South Cox Creek..................... At the confluence with
None
+2420 Unincorporated Areas of
Jacks Creek.
Yancey County.
Approximately 700 feet
None
+2791 upstream of Coxes
Creek Road (State Road 1354).
South Fork Cattail Creek............ At the confluence with
None
+3157 Unincorporated Areas of
Cattail Creek and
Yancey County.
North Fork Cattail
Creek.
Approximately 0.5 mile
None
+3739 upstream of Tennis
Court Road.
South Toe River..................... At the confluence with
None
+2356 Unincorporated Areas of
North Toe River.
Yancey County.
Approximately 1,100
None
+2629 feet downstream of the confluence of Brown
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.
Page 18246
ADDRESSES
Town of Burnsville
Maps are available for inspection at Town of Burnsville Courthouse, Mapping Department, 110 Town Square,
Burnsville, NC.
Unincorporated Areas of Yancey County
Maps are available for inspection at Yancey County Courthouse, Room 11, Burnsville, NC.
Beadle County, South Dakota, and Incorporated Areas
James River......................... Just upstream of the
None
+1237 Unincorporated Areas of
Sanborn County and
Beadle County, City of
Beadle County line.
Huron.
Just downstream of the
None
+1253
Spink County and
Beadle County line.
* 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 Huron
Maps are available for inspection at 329 Wisconsin, P.O. Box 1369, Huron, SD 57350.
Unincorporated Areas of Beadle County
Maps are available for inspection at 400 3rd S.W., P.O. Box 25, Huron, SD 57350.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: March 18, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
FR Doc. E8-6910 Filed 4-2-08; 8:45 am
BILLING CODE 9110-12-P
