Proposed Flood Elevation Determinations

Federal Register: September 30, 2008 (Volume 73, Number 190)

Proposed Rules

Page 56779-56781

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

DOCID:fr30se08-22

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-1009

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 29, 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-1009, 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 56780

* 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 Lauderdale County, Alabama

Alabama........................ Unincorporated

Shoal Creek....... BFE 520 is at a point of 1,435 feet upstream of the

None

+520

Areas of

confluence of Shoal Creek and Indiancamp Creek.

Lauderdale County.

BFE 558 is at a point of 27,805 feet upstream of the

None

+558 confluence of Shoal Creek and Butler Creek.

Alabama........................ Unincorporated

Tennessee River

BFE 432 is at a point of 5,270 feet upstream of the

+431

+432

Areas of

(Navigation

intersection of the Tennessee River and O'Neal

Lauderdale County. Channel).

Bridge.

BFE 435 is at a point of 263 feet downstream of

+431

+435

Wilson Dam.

* 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 Lauderdale County

Maps are available for inspection at 5100 Hwy 157 N, Florence, AL 35633.

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Flooding source(s)

Location of referenced

Depth in feet above

Communities affected elevation**

ground

Effective

Modified

Ben Hill County, Georgia, and Incorporated Areas

Turkey Creek........................ Just upstream of

None

+315 Unincorporated Areas of

Industrial Drive.

Ben Hill County.

Approximately 270 feet

None

+319 downstream of Cemetery

Road.

At Cemetery Road.......

None

+319

Approximately 1,520

None

+327 feet downstream of

Monitor Drive.

Approximately 760 feet

None

+341 upstream of Sultana

Drive.

Approximately 1,150

None

+344 feet upstream of

Rochelle Road.

Turkey Creek Tributary No. 1........ Approximately 950 feet

None

+328 Unincorporated Areas of downstream of W.

Ben Hill County.

Roanoke Drive.

Approximately 480 feet

None

+329 downstream of W.

Roanoke Drive.

Willacoochee River.................. Approximately 1,880

None

+324 Unincorporated Areas of feet downstream of

Ben Hill County.

Irwinville Highway.

Approximately 1,780

None

+324 feet downstream of

Irwinville Highway.

Approximately 1,280

None

+325 feet downstream of

Irwinville Highway.

Approximately 480 feet

None

+326 downstream of

Irwinville Highway.

* 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 Ben Hill County

Maps are available for inspection at County Commissioners Office, 402-A East Pine Street, Fitzgerald, GA 31750.

Page 56781

Halifax County, Virginia, and Incorporated Areas

Reedy Creek......................... Approximately 1,400

None

+331 Unincorporated Areas of feet downstream of Ash

Halifax County.

Avenue.

At confluence with Dan

None

+331

River.

Rocky Branch........................ At confluence with

None

+331 Unincorporated Areas of

Reedy Creek.

Halifax County.

Approximately 0.4 mile

None

+346 upstream of Eastover

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

Unincorporated Areas of Halifax County

Maps are available for inspection at Halifax County GIS Department, 134 South Main, Halifax, VA 24558.

Spokane County, Washington, and Incorporated Areas

Argonne Creek....................... Approximately 1,300

None

+1922 Unincorporated Areas of feet downstream of N

Spokane County.

Maringo Drive.

Approximately 600 feet

None

+1987 upstream of N Boeing

Road.

Forker Draw......................... Approximately at N

None

+2065 Unincorporated Areas of

Progress Road.

Spokane County, City of Spokane Valley.

Approximately 70 feet

None

+2336 downstream of E

Bigelow Gulch 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 Spokane Valley

Maps are available for inspection at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 99206.

Unincorporated Areas of Spokane County

Maps are available for inspection at 808 W. Spokane Falls Blvd., Spokane, WA 99201.

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

Insurance.'')

Dated: September 19, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of

Homeland Security, Federal Emergency Management Agency.

FR Doc. E8-22981 Filed 9-29-08; 8:45 am

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