Proposed Flood Elevation Determinations

Federal Register: January 5, 2009 (Volume 74, Number 2)

Proposed Rules

Page 238-241

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

DOCID:fr05ja09-13

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1028

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-1028, 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

Page 239

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

Pope County, Arkansas, and Incorporated Areas

Arkansas River...................... At the intersection of

None

+323 Unincorporated Areas of the Arkansas River and

Pope County. the Arkansas Avenue bridge.

At the confluence of

None

+340 the Arkansas River and

Lake Dardanelle.

Lake Dardanelle..................... Approximately 8.323

None

+340 Unincorporated Areas of miles downstream of

Pope County, City of the Highway 40 bridge.

Russellville.

At the intersection of

None

+347

Lake Dardanelle and the Pleasant View Road

Bridge.

Whig Creek.......................... Approximately 5,166

None

+330 Unincorporated Areas of feet from the

Pope County, City of intersection of Whig

Russellville.

Creek and South

Frankfort Avenue.

Approximately 218 feet

None

+340 downstream of the intersection of Whig

Creek and McHenry 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 Russellville

Maps are available for inspection at 716 North El Paso Avenue, Russellville, AR 72801.

Unincorporated Areas of Pope County

Maps are available for inspection at 420 North Hampton, Suite B, Russellville, AR 72801.

Crawford County, Missouri, and Incorporated Areas

Mermac River........................ Approximately 5,000

None

+708 Unincorporated Areas of feet downstream

Crawford County.

Steelville city limits.

Approximately 150 feet

None

+719 upstream HWY 19.

Whittenburg Creek................... Approximately 120 feet

None

+725 Unincorporated Areas of downstream Snake Road.

Crawford County, City of Steelville.

Approximately 275 feet

None

+734 upstream HWY 8.

Yadkin Creek........................ At confluence with

None

+731 Unincorporated Areas of

Whittenburg Creek.

Crawford County.

Approximately 900 feet

None

+790 upstream Steelville city limits.

* National Geodetic Vertical Datum.

Page 240

+ 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 Steelville

Maps are available for inspection at 204 3rd St., Steelville, MO 65565.

Unincorporated Areas of Crawford County

Maps are available for inspection at 302 Main Street, Steelville, MO 65565.

Stone County, Missouri, and Incorporated Areas

Crane Creek......................... Approximately 960 feet

None

+1109 Stone County. downstream Crane city limits.

Approximately 430 feet

None

+1128 upstream Crane city 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

Stone County

Maps are available for inspection at 108 4th Street, Galena, MO 65656.

San Juan County, New Mexico, and Incorporated Areas

Animas River........................ At the confluence with

None

+5256 Unincorporated Areas of

San Juan River.

San Juan County.

Approximately 1,200

None

+5267 feet downstream of

Murray Dr./US-64.

Bloomfield Canyon Creek............. Approximately 2,232

None

+5436 City of Bloomfield, feet upstream of E.

unincorporated Areas

Broadway Avenue.

of San Juan County

At the confluence of

None

+5545

Bloomfield Canyon

Creek Tributary.

Bloomfield Canyon Creek Tributary... At the confluence of

None

+5545 City of Bloomfield,

Bloomfield Canyon

Unincorporated Areas

Creek.

of San Juan County.

Approximately 2,366

None

+5737 feet upstream from unnamed dirt road bridge.

San Juan River...................... Approximately 1,709

None

+5245 Unincorporated Areas of feet downstream of

San Juan County

Bisti Highway.

Approximately 9,367

None

+5269 feet upstream of confluence with Animas

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

City of Bloomfield

Maps are available for inspection at 915 N. First St., P.O. Box 1839, Bloomfield, NM 87413.

Unincorporated Areas of San Juan County

Maps are available for inspection at 209 S. Oliver Drive, Aztec, NM 87410.

Page 241

(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. E8-31268 Filed 1-2-09; 8:45 am

BILLING CODE 9110-12-P