Proposed Flood Elevation Determinations

Federal Register: December 16, 2008 (Volume 73, Number 242)

Proposed Rules

Page 76318-76322

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

DOCID:fr16de08-22

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-1024

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 March 16, 2009.

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-1024, to

William R. Blanton, Jr., Chief, Engineering Management Branch,

Mitigation Directorate, Federal

Page 76319

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)

Flooding source(s)

Location of referenced

Depth in feet above

Communities affected elevation **

ground

Effective

Modified

Ventura County, California, and Incorporated Areas

Arroya Santa Rosa.................. At the confluence with

+232

+233 Unincorporated Areas

Conejo Creek.

of Ventura County.

Approximately 0.6 mile

+381

+378 upstream of East Las

Posas Road.

Arroyo Santa Rosa Tributary........ At the confluence with

+258

+250 Unincorporated Areas

Arroyo Santa Rosa.

of Ventura County.

Approximately 400 feet

None

+379 upstream of Santa Rosa

Road.

Calleguas Creek.................... Approximately 100 feet

+141

+143 Unincorporated Areas downstream of U.S.

of Ventura County,

Highway 101.

City of Camarillo.

Approximately 0.9 mile

+241

+248 upstream of Seminary Road.

Camarillo Hills Drain.............. Approximately 40 feet

+92

+95 City of Camarillo. upstream of West Ventura

Boulevard.

At Arneill Road...........

None

+185

Edgemore Drain..................... At the confluence with

None

+117 City of Camarillo.

Camarillo Hills Drain.

Approximately 520 feet

None

+153 upstream of Getman Street.

Mission Drain...................... At the confluence with

None

+132 City of Camarillo.

Camarillo Hills Drain.

Approximately 430 feet

None

+173 downstream of Mission

Drive.

Peach Hill Wash.................... At the confluence with

+427

+426 City of Moorpark,

Arroyo Simi.

Unincorporated Areas of Ventura County.

Approximately 1,170 feet

+475

+477 upstream of Country Hill

Road.

Somis Drain........................ At the confluence with

+165

+168 City of Camarillo.

Calleguas Creek.

At Las Posas Road.........

None

+203

West Camarillo Hills Tributary..... At the confluence with

None

+124 City of Camarillo.

Camarillo Hills Drain.

Page 76320

Approximately 20 feet

None

+155 downstream of Las Posas

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 Camarillo

Maps are available for inspection at Camarillo City Hall, 601 Carmen Drive, Camarillo, CA.

City of Moorpark

Maps are available for inspection at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA.

Unincorporated Areas of Ventura County

Maps are available for inspection at Ventura County Hall of Administration, 800 South Victoria Avenue, Ventura,

CA.

Gage County, Nebraska, and Incorporated Areas

Big Blue River..................... Approximately 900 feet

None

+1195 Unincorporated Areas upstream of State Highway

of Gage County. 8.

Approximately 0.5 mile

None

+1196 upstream of State Highway 8.

Big Blue River Tributary 44........ Upstream of South 25th

+1254

+1261 City of Beatrice.

Street.

Downstream of Scott Street

None

+1273

Big Blue River backwater on Bills

Approximately 1,200 feet

None

+1217 City of Wymore.

Creek.

downstream of South A

Street.

Approximately 600 feet

None

+1217 downstream of South A

Street.

* 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 Beatrice

Maps are available for inspection at City Hall, 400 Ella Street, Beatrice, NE 68310.

City of Wymore

Maps are available for inspection at City Office, 115 West East Street, Wymore, NE 68466.

Unincorporated Areas of Gage County

Maps are available for inspection at Gage County Highway Department, 823 South 8th Street, Beatrice, NE 68310.

Jackson County, North Carolina, and Incorporated Areas

Bumgarner Branch................... At the confluence with

None

+2114 Town of Sylva,

Mill Creek (into

Unincorporated Areas

Tuckasegee River).

of Jackson County.

Approximately 1,200 feet

None

+2136 upstream of Big Orange

Way.

Tuckasegee River................... Approximately 150 feet

None

+1835 Town of Dillsboro, downstream of the Jackson/

Unincorporated Areas

Swain County boundary.

of Jackson County.

The confluence of

None

+3654

Greenland Creek and

Panthertown 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

Town of Dillsboro

Maps are available for inspection at Dillsboro Town Office, 42 Front Street, Dillsboro, NC.

Page 76321

Town of Sylva

Maps are available for inspection at Sylva Town Hall, 83 Allen Street, Sylva, NC. qdrt]Maps are available for inspection at Jackson County Inspections Department, 401 Grindstaff Cove Road, Suite 105, Sylva, NC.

Pottawatomie County, Oklahoma, and Incorporated Areas

Tributary 1 to Rock Creek. Confluence with Rock Creek

+973

+974 City of Shawnee. and Tributary 1 to Rock Creek.

Approximately 1,565 feet

+985

+986 upstream of Kickapoo

Street.

Tributary 1 to Tributary

Approximately 500 feet

None

+989 City of Shawnee. 2 to Rock Creek.

downstream of Union

Street.

Intersection of 45th

None

+1021

Street and Tributary 1 to Tributary 2 to Rock 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 Shawnee

Maps are available for inspection at County Courthouse, 325 N. Broadway, Shawnee, OK 74801.

Monroe County, Tennessee, and Incorporated Areas

Sweetwater Creek................... 121 feet upstream of State

+903

+908 City of Sweetwater.

Highway 322. 290 feet downstream of

+917

+918

State Highway 68. 1,655 feet upstream of

None

+920

State Highway.

Sweetwater Creek................... 1,430 feet downstream of

None

+888 Unincorporated Areas

North Main Street.

of Monroe County,

City of Sweetwater. 248 Feet Upstream of State

None

+920

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

City of Sweetwater

Maps are available for inspection at 203 Monroe Street, Sweetwater, TN 37874.

Unincorporated Areas of Monroe County

Maps are available for inspection at 310 Tellico Street, Suite 2, Madisonville, TN 37354.

Page 76322

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

Insurance.'')

Dated: December 5, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of

Homeland Security, Federal Emergency Management Agency.

FR Doc. E8-29763 Filed 12-15-08; 8:45 am

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