Proposed Flood Elevation Determinations

Federal Register: April 17, 2008 (Volume 73, Number 75)

Proposed Rules

Page 20890-20894

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr17ap08-26

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-7771

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 16, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Maps

(FIRMs) 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-7771, 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

Page 20891

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

Habersham County, Georgia, and Incorporated Areas

Soquee River Tributary.............. Approximately 770 feet

+1307

+1308 City of Clarkesville. upstream of confluence with Soquee River.

Approximately 380 feet

+1307

+1308 downstream of State

Highway 385/Alternate 17/U.S. Highway 441

Business/Grant 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

City of Clarkesville

Maps are available for inspection at City Hall, 210 East Water Street, Clarkesville, GA 30523.

Iberia Parish, Louisiana, and Incorporated Areas

Bayou Petite Anse-Deblanc Coulee-

Approximately 300 ft

None

+10 Unincorporated Areas of

Segura Branch.

upstream of U.S. 90

Iberia Parish. eastbound..

Approximately 300 ft

+11

+12 downstream of Southern

Pacific RR.

Commercial Canal.................... Approximately 300 ft

+9

+10 Unincorporated Areas of downstream of Southern

Iberia Parish, City of

Pacific RR.

New Iberia.

Approximately 450 ft

None

+11 upstream of Admiral

Doyle Drive..

Duboin Canal........................ Approximately 3,000 ft

None

+11 Unincorporated Areas of downstream of Admiral

Iberia Parish, City of

Doyle Drive.

New Iberia.

Intersection with

None

+16

Adrian St.

Jacks Coulee........................ Approximately 300 ft

None

+10 Unincorporated Areas of downstream of Weeks

Iberia Parish.

Island Road.

Approximately 300 ft

None

+11 upstream of U.S. Hwy 90.

Jefferson Canal..................... Approximately 300 ft

None

+3 Unincorporated Areas of downstream of Southern

Iberia Parish.

Pacific RR.

Approximately 100 ft

None

+6 upstream of Jefferson

Island Road.

Little Valley Bayou................. Approximately 300 ft

None

+9 Unincorporated Areas of downstream of

Iberia Parish.

Patoutville Road..

Approximately 600 ft

None

+11 upstream of Smith Road.

Peebles Coulee...................... Approximately 3,250 ft

None

+12 Unincorporated Areas of upstream of J. Allen

Iberia Parish, City of

Daigre Drive.

New Iberia.

Approximately 300 ft

+10

+12 downstream of Weeks

Island Road.

Poufette Canal--Bayou Petite Anse-

Approximately 100 ft

None

+10 Unincorporated Areas of

Segura Branch.

upstream of Norris

Iberia Parish.

Road.

Page 20892

Approximately 300 ft

+11

+13 downstream of Southern

Pacific RR.

Rodere Canal........................ Approximately 300 ft

+9

+12 Unincorporated Areas of downstream of Southern

Iberia Parish, City of

Pacific RR.

New Iberia.

Approximately 2,900 ft

None

+14 upstream of Center

Street.

Tete Bayou.......................... Approximately 500 ft

None

+13 Unincorporated Areas of downstream of LA 3195.

Iberia Parish, City of

New Iberia.

Approximately 250 feet

None

+15 downstream of N. Lewis

St..

* 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 New Iberia

Maps are available for inspection at 457 E. Main St, New Iberia, LA 70560.

Unincorporated Areas of Iberia Parish

Maps are available for inspection at 209 W. Main St., Suite 102, New Iberia, LA 70560.

Livingston Parish, Louisiana, and Incorporated Areas

Lake Maurepas--Entire Shoreline..... Highest elevation

None

+9 Unincorporated Areas of approximately 40,800

Livingston Parish. feet south of confluence with Amite

River.

Highest elevation at

None

+10 confluence with

Tickfaw 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 Livingston Parish

Maps are available for inspection at 29261 Frost Rd., Livingston, LA 70754.

Davidson County, North Carolina, and Incorporated Areas

Little Brush Fork Tributary 1....... At the confluence with

None

+748 Town of Midway,

Little Brushy Fork.

Unincorporated Areas of Davidson County.

Approximately 0.7 mile

None

+781 upstream of the confluence of Little

Brushy Fork Tributary 1A.

Little Brushy Fork.................. At the confluence with

None

+732 Town of Midway,

Brushy Fork.

Unincorporated Areas of Davidson County.

Approximately 1.8 miles

None

+861 upstream of Tom

Livengood Road (State

Road 1719).

Little Brushy Fork Tributary 1A..... At the confluence with

None

+757 Town of Midway,

Little Brushy Fork

Unincorporated Areas

Tributary 1.

of Davidson County.

Approximately 2,000

None

+786 feet upstream of

Garden Valley Drive.

Miller Creek........................ At the confluence with

None

+690 Town of Midway.

Muddy Creek.

Approximately 250 feet

+810

+811 upstream of North

Payne Road (State Road 1510).

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

Page 20893

**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

Town of Midway

Maps are available for inspection at Midway Town Hall, 125 Gum Tree Road, Midway, NC.

Unincorporated Areas of Davidson County

Maps are available for inspection at Davidson County Governmental Center, Planning and Zoning Department, 913

Greensboro Street, Lexington, NC.

Mercer County, North Dakota, and Incorporated Areas

Antelope Creek...................... 100 feet Upstream from

+1743

+1745 Mercer County, City of

Mercer County Road 18/

Hazen. 53rd Ave. SW. 100 feet Upstream from

+1756

+1757

Walk Bridge on

Abandoned BNSF Railway

Grade.

Antelope Creek Split................ 100 feet Upstream from

None

+1754 Mercer County, City of

BNSF Railway Bridge.

Hazen. 200 feet Upstream from

None

+1758 13th Ave. W..

East Tributary Reach 1..... 100 feet Downstream

None

+1806 City of Beulah. from Roll Drive. 100 feet Downstream

None

+1840 from Beulah Dam.

East Tributary Reach 2..... 100 feet Upstream from

+1780

+1781 City of Beulah.

BNSF Railway Bridge. 100 feet Upstream from

+1792

+1795

Beulah Eagle Road.

North Tributary..................... Confluence with East

None

+1797 Mercer County, City of

Tributary.

Beulah. 100 feet Upstream from

None

+1819

Seventh St..

Upstream Hazen Tributary............ 100 feet Upstream from

+1754

+1753 City of Hazen. the Confluence with

Antelope Creek. 1000 feet Upstream from

+1754

+1753 the Confluence with

Antelope Creek.

West Hazen Tributary................ 100 feet Upstream from

+1748

+1750 City of Hazen.

Confluence with

Antelope Creek. 200 feet Upstream from

None

+1764

Divide 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

City of Beulah

Maps are available for inspection at 120 Central Avenue North, Beulah, ND 58523.

City of Hazen

Maps are available for inspection at 146 Main St. E., Hazen, ND 58545.

Mercer County

Maps are available for inspection at 1021 Arthur Street, Stanton, ND 58571-0039.

Raleigh County, West Virginia, and Incorporated Areas

Soak Creek.......................... Approximately 100 feet

None

+2305 Unincorporated Areas of downstream of State

Raleigh County, Town

Route 29.

of Sophia.

Approximately 80 feet

None

+2328 upstream of McKinney

Hollow 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.

Page 20894

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

Town of Sophia

Maps are available for inspection at Sophia Town Hall, 100 East Railroad Avenue, Sophia, WV 25921.

Unincorporated Areas of Raleigh County

Maps are available for inspection at Raleigh County Commission Building, 116 \1/2\ North Heber Street, Beckley,

WV 25801.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood

Insurance.'')

Dated: March 31, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance

Program, Department of Homeland Security, Federal Emergency Management

Agency.

FR Doc. E8-8324 Filed 4-16-08; 8:45 am

BILLING CODE 9110-12-P