Proposed Flood Elevation Determinations

Federal Register: June 20, 2008 (Volume 73, Number 120)

Proposed Rules

Page 35112-35115

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

DOCID:fr20jn08-23

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-7786

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 18, 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-7786, 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.

Page 35113

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

Lauderdale County, Alabama, and Incorporated Areas

Tennessee River (Navigation

Approximately 981 feet

+431

+432 City of Florence.

Channel).

upstream of the intersection of

Sweetwater Creek and XS B of Tennessee River.

Approximately 2238 feet

+431

+435 upstream of the intersection of Tennessee

River and XS D of

Tennessee 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 Florence

Maps are available for inspection at 110 West College Street, Florence, AL 35630.

Leavenworth County, Kansas, and Incorporated Areas

Stranger Creek..................... At Highway 32.............

+798

+796 Unincorporated Areas of Leavenworth

County, City of

Easton, City of

Linwood.

At Tonganoxie Road........

None

+842

At Millwood Road..........

None

+914

* 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 Easton

Maps are available for inspection at City Hall, 300 W. Riley, Easton, KS 66020.

City of Linwood

Maps are available for inspection at City Hall, 306 Main Street, Linwood, KS 66052.

Unincorporated Areas of Leavenworth County

Maps are available for inspection at Leavenworth County Courthouse, 4th and Walnut, Leavenworth, KS 66048.

Vermilion Parish, Louisiana, and Incorporated Areas

Gulf of Mexico..................... Base Flood Elevation

+11

+10-13 Town of Erath. changes ranging from 10 to 13 feet in the form of

AE and VE zones have been made.

Gulf of Mexico..................... Base Flood Elevation

+9-11

+9-11 Town of Delcambre. changes ranging from 9 to 11 feet in the form of AE and VE zones have been made.

Gulf of Mexico..................... Base Flood Elevation

None

+7 Town of Gueydan. changes of 7 feet in the form of VE zones have been made.

Gulf of Mexico..................... Base Flood Elevations

+11-19

+11-18 Unincorporated Areas changes ranging from 11

of Vermilion Parish. to 18 feet in the form of

AE and VE zones have been made.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

Page 35114

** 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 Erath

Maps are available for inspection at 115 West Edwards Street, Erath, LA 70533.

Town of Delcambre

Maps are available for inspection at 107 North Railroad, Delcambre, LA 70528.

Town of Gueydan

Maps are available for inspection at 600 Main Street, Gueydan, LA 70542.

Unincorporated Areas of Vermilion Parish

Maps are available for inspection at 100 N. State Street, Suite 200, Abbeville, LA 70510.

Bristol County, Massachusetts, and Incorporated Areas

Buzzards Bay....................... Approximately 1,650 feet

+13

+24 Town of Dartmouth,

East of intersection of

Town of Westport.

River Road and Redwing

Lane.

Approximately 875 feet

+31

+24 south from end of Club

House Drive.

* 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

Town of Dartmouth

Maps are available for inspection at Town Hall, 400 Slocum Road, Dartmouth, MA 02747.

Town of Westport

Maps are available for inspection at Town Hall, 816 Main Road, Westport, MA 02790.

Plymouth County, Massachusetts, and Incorporated Areas

Atlantic Ocean..................... Approximately 150 feet

+17

+19 Town of Hull, Town of south of intersection of

Mattapoisett.

Brant Beach Avenue and

Ocean View Avenue.

Approximately 210 feet

+9

+33 southeast of intersection of Highland Avenue and

Mount Pleasant Way.

* 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

Town of Hull

Maps are available for inspection at Town Hall, 253 Atlantic Avenue, Hull, MA 02045.

Town of Mattapoisett

Maps are available for inspection at Town Hall, 16 Main Street, Mattapoisett, MA 02739.

Page 35115

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

Insurance.'')

Dated: June 10, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance

Program, Department of Homeland Security, Federal Emergency Management

Agency.

FR Doc. E8-13932 Filed 6-19-08; 8:45 am

BILLING CODE 9110-12-P