Proposed Flood Elevation Determinations
Federal Register: January 5, 2009 (Volume 74, Number 2)
Proposed Rules
Page 241-244
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr05ja09-14
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 67
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1026
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 April 6, 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-1026, 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)
Flooding source(s)
Location of referenced
Depth in feet above
Communities affected elevation**
ground
Effective
Modified
Otero County, New Mexico, and Incorporated Areas
Beeman Canyon Creek................. From where the Flow
+4440
+4442 City of Alamogordo,
Path meets the Dam.
Unincorporated Areas of Otero County.
Page 242
Approximately 1906 feet
None
+4603 upstream from North
Scenic Drive to the
Limit of Study.
Flow Path 12............... Approximately 758 feet
None
+4471 Unincorporated Areas of downstream from
Otero County.
Octillo Lane.
Approximately 3,560
None
+4670 feet upstream from
South canyon Road.
Flow Path 16............... Approximately 461 feet
None
+4461 Unincorporated Areas of downstream from
Otero County.
Caneadea Loop.
Approximately 2,904
None
+4803 feet upstream from
Rocky Mountain Road to
Limit of Study.
Flow Path 2................ Approximately 1,450
None
+4449 Unincorporated Areas of feet upstream from Dam.
Otero County.
Approximately 3,520
None
+4481 feet upstream from the
Dam.
Flow Path 3................ Approximately 741 feet
None
+4344 Unincorporated Areas of downstream from Eddy
Otero County. drive.
Approximately 51 feet
None
+4350 upstream from Eddy drive.
Flow Path 30............... At the Alamogordo City
None
+4122 Unincorporated Areas of
Limits.
Otero County, City of
Alamogordo.
Approximately 7,117
None
+4202 feet upstream of the
Alamogordo City Limits.
Flow Path 31............... Approximately 2,617
None
+4270 Unincorporated Areas of feet downstream from
Otero County.
Lavelle Road.
Approximately 2,699
None
+4270 feet downstream from
Lavelle 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 Alamogordo
Maps are available for inspection at 1376 East Ninth St., Alamogordo, NM 88310
Unincorporated Areas of Otero County
Maps are available for inspection at 1000 New York Ave., Alamogordo, NM 88310.
Niagara County, New York, and Incorporated Areas
Bergholtz Creek..................... At confluence with
+571
+570 City of Niagara Falls,
Cayuga Creek.
Town of Cambria, Town of Wheatfield.
Approximately 1.4 miles
None
+631 upstream of NY State
Route 425 (Shawnee
Road).
Bull Creek.......................... At confluence with
+573
+575 City of North
Tonawanda Creek--
Tonawanda, Town of
Backwater area.
Cambria, Town of
Pendleton, Town of
Wheatfield.
Approximately 240 feet
None
+604 upstream of Lockport
Road.
Cayuga Creek........................ Approximately 0.3 mile
+572
+571 Town of Niagara, Town upstream of Pine
of Wheatfield.
Avenue/U.S. Route 62.
Approximately 70 feet
+586
+584 downstream of the first Airport Overpass.
Cayuga Creek West Tributary......... At the confluence with
+578
+579 Town of Niagara.
Cayuga Creek.
Approximately 240 feet
None
+621 upstream of Lockport
Road.
Cayuga Creek West Tributary
Just upstream of Porter
+583
+582 Town of Niagara.
Diversion.
Road.
At the confluence with
+583
+582
Cayuga Creek West
Tributary.
Donner Creek........................ Approximately 326 feet
+618
+617 City of Lockport, Town downstream of Beatie
of Lockport.
Road.
Approximately 975 feet
+632
+631 upstream of Lincoln
Avenue.
Eighteenmile Creek.................. Just downstream of
None
+364 City of Lockport.
Stone Road.
Approximately 0.41 mile
+363
+364 upstream of Stone Road.
Eighteenmile Creek East Branch...... Approximately 1,300
+369
+374 Town of Newfane. feet downstream of Day
Road.
Page 243
Approximately 540 feet
+373
+374 upstream of Day Road.
Gulf Branch......................... At confluence with
+362
+364 City of Lockport.
Eighteenmile Creek.
Approximately 800 feet
+363
+364 upstream of confluence with Eighteenmile
Creek.
Johnson Creek 2..................... Approximately 665 feet
None
+476 Town of Hartland, Town downstream of Sherman
of Royalton.
Road.
Approximately 0.19 mile
None
+541 upstream of Telegraph
Road.
Mud Creek........................... At confluence with
+581
+583 Town of Pendleton, Town
Tonowanda Creek.
of Lockport.
Approximately 0.63 mile
+582
+583 downstream of Minnick
Road.
Sawyer Creek (East)................. At confluence with Bull
+572
+575 City of North
Creek.
Tonawanda, Town of
Wheatfield.
At the centerline of
None
+578
Ward Road.
Sawyer Creek (West)................. At confluence with
None
+573 Town of Wheatfield.
Bergholtz Creek.
At the centerline of
None
+578
Ward Road.
Tonawanda Creek..................... Approximately 0.9 mile
None
+572 City of North upstream of Twin
Tonawanda, Town of
Cities Memorial
Lockport, Town of
Highway.
Pendleton, Town of
Royalton, Town of
Wheatfield.
Approximately 2.8 miles
None
+593 upstream of Rapids
Road.
Town Ditch Number 2................. At confluence with
None
+578 Town of Pendleton.
Tonawanda Creek.
Approximately 0.8 mile
None
+578 upstream of Campbell
Boulevard.
Twelvemile Creek.................... Approximately 2.0 miles
+301
+300 Town of Porter, Town of upstream of Fitch Road.
Wilson.
Approximately 870 feet
+300
+301 downstream of
Ransomville 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 Lockport
Maps are available for inspection at Lockport Municipal Building, One Locks Plaza, Lockport, NY.
City of Niagara Falls
Maps are available for inspection at Niagara Falls City Hall, 745 Main Street, Niagara Falls, NY.
City of North Tonawanda
Maps are available for inspection at North Tonawanda City Hall, 216 Payne Avenue, North Tonawanda, NY.
Town of Cambria
Maps are available for inspection at Cambria Town Hall, 4160 Upper Mountain Road, Sanborn, NY.
Town of Hartland
Maps are available for inspection at Hartland Town Hall, 8942 Ridge Road, Gasport, NY.
Town of Lockport
Maps are available for inspection at Lockport Town Hall, 6560 Dysinger Road, Lockport, NY.
Town of Newfane
Maps are available for inspection at Newfane Town Hall, 2896 Transit Road, Newfane, NY.
Town of Niagara
Maps are available for inspection at Niagara Town Hall, 7105 Lockport Road, Niagara Falls, NY.
Town of Pendleton
Maps are available for inspection at Pendleton Town Hall, 6570 Campbell Boulevard, Lockport, NY.
Town of Porter
Maps are available for inspection at Porter Town Hall, 3265 Creek Road, Youngstown, NY.
Town of Royalton
Maps are available for inspection at Royalton Town Hall, 5316 Royalton Center Road, Middleport, NY.
Town of Wheatfield
Maps are available for inspection at Wheatfield Town Hall, 2800 Church Road, North Tonawanda, NY.
Town of Wilson
Maps are available for inspection at Wilson Town Hall, 375 Lake Street, Wilson, NY.
Page 244
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: December 22, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
FR Doc. E8-31267 Filed 1-2-09; 8:45 am
BILLING CODE 9110-12-P
