Proposed Flood Elevation Determinations

Federal Register: August 12, 2008 (Volume 73, Number 156)

Proposed Rules

Page 46851-46853

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

DOCID:fr12au08-21

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-7798

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 November 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-7798, 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.

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

Location **

Depth in feet above flooding

ground

Existing

Modified

Town of Boxborough, Massachusetts

Massachusetts................. Town of

Guggins Brook.... Approximately

+206

+207

Boxborough.

1,000 feet upstream of confluence with

Inch Brook.

*National Geodetic Vertical Datum.

Page 46852

+ 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 Boxborough

Maps are available for inspection at the Town of Boxborough, 29 Middle Road, Boxborough, MA.

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Flooding source(s)

Location of referenced

Depth in feet above

Communities affected elevation **

ground

Effective

Modified

Morgan County, Illinois, and Incorporated Areas

Illinois River...................... From the Scott/Morgan

+446

+447 Unincorporated Areas of

County Border; Smith

Morgan County, Village

Lake Road extended.

of Meredosia.

To the Cass/Morgan

+447

+448 .......................

County Border; Morgan

Cass County Line Road.

Mauvaise Terre Creek................ From approximately

None

+595 Village of S.

Michigan Avenue

Jacksonville. extended.

To approximately 50

None

+595 feet downstream of

Vandalia Road; approximately 60 feet upstream of Country

Club Road.

Town Brook.......................... From Massey Lane.......

None

+603 Unincorporated Areas of

Morgan County.

To the limit of

None

+603

Detailed Study; approximately 650 feet upstream of Massey

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

Unincorporated Areas of Morgan County

Maps are available for inspection at Morgan County Regional Planning Commission, 345 West State Street,

Jacksonville, IL 62650.

Village of Meredosia

Maps are available for inspection at Meredosia Village Hall, 315 Main Street, Meredosia, IL 62665.

Village of S. Jacksonville

Maps are available for inspection at South Jacksonville Village Hall, 301 Dewey Street, South Jacksonville, IL 62650.

Scott County, Illinois, and Incorporated Areas

Illinois River...................... From river mile 67.0,

+446

+447 Unincorporated Areas of approximately 500 feet

Scott County. upstream of the confluence with Coon

Run.

To the Morgan/Scott

+446

+447 county boundary at river mile 68.0-- approximately Smith

Lake Road extended.

* 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 46853

ADDRESSES

Unincorporated Areas of Scott County

Maps are available for inspection at Scott County Courthouse, 35 East Market Street, Winchester, IL 62694.

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

Insurance.'')

Dated: July 25, 2008.

Edward L. Connor,

Deputy Assistant Administrator for Insurance, Department of Homeland

Security, Federal Emergency Management Agency.

FR Doc. E8-18526 Filed 8-11-08; 8:45 am

BILLING CODE 9110-12-P