Proposed Flood Elevation Determinations

Federal Register: June 12, 2008 (Volume 73, Number 114)

Proposed Rules

Page 33372-33374

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

DOCID:fr12jn08-36

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-7784

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 September 10, 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-7784, 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.

Page 33373

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)

State

City/town/county

Source of flooding

Location **

Depth in feet above ground

Existing

Modified

Unincorporated Areas of Morrow County, Ohio

Ohio................................. Unincorporated Areas of Whetstone Creek.......................... 1290 feet downstream of Cardington Road...................

None

+1050

Morrow County.

........................ ......................................... 1570 feet downstream of U.S. Route 42

None

+1068

* 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 Morrow County

Maps are available for inspection at 80 North Walnut Street, Suite C, Mt. Gilead, OH 43338.

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Flooding source(s)

Location of referenced

Depth in feet above

Communities affected elevation **

ground

Effective

Modified

Cortland County, New York, and Incorporated Areas

Blue Creek.......................... Confluence with Dry

+1183

+1185 Town of Cortlandville.

Creek.

Approximately 215 feet

None

+1204 upstream of Kinney

Gulf Road.

Dry Creek........................... Approximately 720 feet

+1115

+1116 City of Cortland, Town downstream of North

of Cortlandville.

Main Street.

Approximately 330 feet

None

+1211 upstream of Kinney

Gulf Road.

Gridley Creek....................... Confluence with

None

+1044 Town of Virgil.

Tiougnioga River.

Approximately 1.8 miles

None

+1462 upstream of Page Green

Road.

Gridley Creek Tributary 9........... Confluence with Gridley

None

+1354 Town of Virgil.

Creek.

Approximately 1,915

None

+1396 feet upstream of State

Route 392.

Gridley Creek Tributary 9-1......... Confluence with Hope

None

+1429 Town of Virgil.

Lake.

Approximately .4 mile

None

+1564 upstream of Clute Road.

Hope Lake........................... Entire shoreline within

None

+1429 Town of Virgil. community.

Mosquito Creek...................... Approximately 50 feet

+1153

+1150 Town of Cortlandville, upstream of West

Village of Mcgraw.

Center Street.

Approximately .78 mile

+1517

+1509 upstream of Heath Road.

Otselic River....................... Approximately 991 feet

None

+1034 Town of Cincinnatus. downstream of Route 23.

Approximately 1.6 miles

None

+1053 upstream of Telephone

Road.

Otter Creek......................... Approximately 130 feet

+1119

+1121 City of Cortland, Town upstream of North Main

of Cortlandville.

Street.

Approximately 70 feet

None

+1186 upstream of State

Route 13.

Otter Creek Tributary 3............. Confluence with Otter

None

+1170 Town of Cortlandville.

Creek.

Approximately 1,000

None

+1170 feet upstream of

Gutchess Lumber

Service Road.

Skaneateles Lake.................... Entire shoreline within

None

+867 Town of Scott. community.

Song Lake........................... Entire shoreline within

None

+1195 Town of Preble. community.

Tioughnioga River Reach 2........... Approximately .58 mile

None

+1014 Town of Marathon, downstream of Main

Village of Marathon.

Street.

Page 33374

Approximately .85 mile

None

+1023 upstream of Main

Street.

Trout Brook......................... At Town of Solon

None

+1204 Town of Solon.

Corporate Limits, approximately 1.280 miles upstream of

Hollow Road.

Approximately 1.288

None

+1204 miles upstream of

Hollow Road.

Tully Lake.......................... Entire shoreline within

None

+1195 Town of Preble. community.

* 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 Cortland

Maps are available for inspection at Cortland City Hall, 25 Court Street, Cortland, NY.

Town of Cincinnatus

Maps are available for inspection at Cincinnatus Town Hall, 2770 Lower Cincinnatus Road, Cincinnatus, NY.

Town of Cortlandville

Maps are available for inspection at Cortlandvile Town Hall, Raymond G. Thorpe Municipal Building, 3577 Terrace

Road, Cortland, NY.

Town of Marathon

Maps are available for inspection at Town of Marathon Highway Department, 16 Brink Street, Marathon, NY.

Town of Preble

Maps are available for inspection at Preble Town Hall, 1968 Preble Road, Preble, NY.

Town of Scott

Maps are available for inspection at Scott Town Hall, 6689 NYS Route 41, Homer, NY.

Town of Solon

Maps are available for inspection at Solon Town Hall, 4012 North Tower Road, East Freetown, NY.

Town of Virgil

Maps are available for inspection at Virgil Town Hall, 1176 Church Street, Cortland, NY.

Village of Marathon

Maps are available for inspection at Marathon Village Hall, 18 Tannery Street, Marathon, NY.

Village of Mcgraw

Maps are available for inspection at McGraw Village Hall, 1 Cemetery Street, McGraw, NY.

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

Insurance.'')

Dated: May 28, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance

Program, Department of Homeland Security, Federal Emergency Management

Agency.

FR Doc. E8-13208 Filed 6-11-08; 8:45 am

BILLING CODE 9110-12-P