Proposed Flood Elevation Determinations

Federal Register: September 25, 2008 (Volume 73, Number 187)

Proposed Rules

Page 55469-55473

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

DOCID:fr25se08-22

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-1007

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 December 24, 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-1007, 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:

Page 55470

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Flooding source(s)

Location of referenced

Depth in feet above

Communities affected elevation **

ground

Effective

Modified

Mohave County, Arizona, and Incorporated Areas

Williams Wash....................... Approximately 250 feet 2

+703 City of Bullhead City. upstream of confluence

Highland/Green Wash.

Approximately 622 feet

None

+1471 upstream of La Puerta

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

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 Bullhead City

Maps are available for inspection at 1255 Marina Blvd, Bullhead City, AZ 86442.

Brown County, Illinois, and Incorporated Areas

Illinois River...................... From the limit of

+447

+448 Unincorporated Areas of flooding affecting

Brown County. community at river mile 71.3 in Pike

County; 0.7 miles downstream of the Pike/

Brown County Border at approximately State

Hwy 104.

To the Schuyler/Morgan

+448

+450

County Border at river mile 83.8; approximately the mouth of the La Moine

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 Brown County

Maps are available for inspection at Brown County Courthouse, 200 West Court Street, Mt. Sterling, IL 62353.

Anderson County, Kentucky, and Incorporated Areas

Kentucky River...................... Anderson County and

None

+509 Unincorporated Areas of

Franklin County

Anderson County. corporate limits.

Anderson County and

None

+527

Mercer County corporate limits..

* 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 Anderson County

Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342.

Henderson County, Kentucky, and Incorporated Areas

Canoe Creek......................... Just upstream US-41....

None

+376 Unincorporated Areas of

Henderson County, City of Henderson.

At confluence with Elam

None

+383

Ditch.

Elam Ditch.......................... At confluence with

None

+383 Unincorporated Areas of

Canoe Creek.

Henderson County.

At Airline Road (KY-

None

+393 812).

Page 55471

Elam Ditch Tributary 1.............. At confluence with Elam

None

+384 Unincorporated Areas of

Ditch.

Henderson County.

Approximately 1250 feet

None

+395 downstream Toy

Anthoston Road (KY- 2677).

Elam Ditch Tributary 2.............. At confluence with Elam

None

+384 Unincorporated Areas of

Ditch.

Henderson County.

Just downstream Airline

None

+395

Road (KY-812).

Elam Ditch Tributary 3.............. At confluence with Elam

None

+384 Unincorporated Areas of

Ditch.

Henderson County.

Just downstream Toy

None

+389

Anthoston.

Kimsey Lane Left Tributary.......... At confluence with

+387

+388 Unincorporated Areas of

North Fork Canoe Creek.

Henderson County, City of Henderson.

Approximately 750 feet

+387

+388 upstream Van Wyk Road.

Kimsey Lane Right Tributary......... At confluence with

+387

+388 Unincorporated Areas of

North Fork Canoe Creek.

Henderson County, City of Henderson.

At Kinsey Lane (KY-

+387

+388 6112).

Middle Canoe Creek.................. At confluence with

+379

+382 Unincorporated Areas of

Sellers Ditch.

Henderson County, City of Henderson.

At confluence with Elam

+380

+382

Ditch.

North Fork Canoe Creek.............. At confluence with

+378

+382 Unincorporated Areas of

Canoe Creek.

Henderson County, City of Henderson.

At approximately 4000

+387

+389 feet upstream Kimsey

Lane (KY-6112).

Sellers Ditch....................... At confluence with

+377

+376 Unincorporated Areas of

Canoe Creek.

Henderson County.

Approximately 200 feet

+379

+382 upstream Old Madison

Road.

Tiger Ditch (Formerly Highway 812

At confluence with

+379

+382 Unincorporated Areas of

Tributary).

North Fork Canoe Creek.

Henderson County, City of Henderson.

Approximately 150 feet

None

+391 downstream Zion Road.

Tiger Ditch Tributary 1............. At confluence with

None

+385 Unincorporated Areas of

Tiger Ditch (Formerly

Henderson County, City

Highway 812 Tributary).

of Henderson.

Just downstream Adams

None

+390

Lane.

Upper Canoe Creek................... At confluence with

+379

+382 Unincorporated Areas of

Sellers Ditch.

Henderson County.

Approximately 3800 feet

+382

+385 upstream confluence with East Fork Canoe

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.

ADDRESSES

City of Henderson

Maps are available for inspection at 222 First Street, Henderson, KY 42419.

Unincorporated Areas of Henderson County

Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.

Jackson County, Michigan, and Incorporated Areas

Grand River......................... Upstream side of High

None

+935 City of Jackson,

Street.

Township of Leoni,

Township of Napoleon,

Township of Summit.

Approximately 1,400

+941

+942 feet upstream of

Porbert Road.

Grand River......................... Downstream side of

None

+909 Township of Rivas.

Maple Grove Road.

Approximate 0.5 mile

None

+910 upstream of Maple

Grove Road.

North Branch Grand River............ At confluence with

None

+935 Township of Leoni.

Grand River.

Page 55472

Downstream side of 5th

None

+936

Street.

North Branch Kalamazoo River........ Approximately 0.6 mile

None

+988 Township of Concord. upstream of N. Main

Street.

Approximately 1 mile

None

+988 upstream of N. Main

Street.

Vineyard Lake....................... Entire shoreline of

None

+970 Township of Norvell,

Vineyard Lake.

Township of Columbia.

* 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 Jackson

Maps are available for inspection at 161 W Michigan Avenue, Jackson, MI 49201.

Township of Columbia

Maps are available for inspection at 8500 Jefferson Road, Brooklyn, MI 49230.

Township of Concord

Maps are available for inspection at 402 South Main Street, Concord, MI 49237.

Township of Leoni

Maps are available for inspection at 913 Fifth Street, Michigan Center, MI 49254.

Township of Napoleon

Maps are available for inspection at 6755 Brooklyn Road, Napoleon, MI 49261.

Township of Norvell

Maps are available for inspection at 106 E Commercial Street, Norvell, MI 49263.

Township of Rivas

Maps are available for inspection at 106 Main Street, Jackson, MI 49201.

Township of Summit

Maps are available for inspection at 2121 Ferguson Road, Jackson, MI 49201.

Missoula County, Montana, and Incorporated Areas

Clarks Fork......................... Approximately 50 feet

+3160

+3157 Unincorporated Areas of upstream of Reserve

Missoula County, City

Street.

of Missoula.

Approximately 500 feet

+3168

+3169 downstream of Russell

Street.

La Valle Creek...................... Approximately 150 feet

None

+3075 Unincorporated Areas of upstream of the

Missoula County.

Frenchtown Irrigation

District Ditch.

Just upstream of

None

+3081

Dechamps Bridge.

* 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 Missoula

Maps are available for inspection at 435 Ryman St, Missoula, MT 59802.

Unincorporated Areas of Missoula County

Maps are available for inspection at 435 Ryman St, Missoula, MT 59802.

Page 55473

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

Insurance.'')

Dated: September 16, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of

Homeland Security, Federal Emergency Management Agency.

FR Doc. E8-22523 Filed 9-24-08; 8:45 am

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