Proposed Flood Elevation Determinations

Federal Register: May 26, 2009 (Volume 74, Number 99)

Proposed Rules

Page 24753-24757

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

DOCID:fr26my09-18

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1047

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

SUMMARY: Comments are requested on the proposed Base (1% 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 August 24, 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-1047, 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.

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 24754

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Depth in feet above

Flooding source(s)

Location of referenced

ground [caret]

Communities affected elevation **

Elevation in meters

(MSL)

Effective

Modified

Harvey County, Kansas, and Incorporated Areas

Sand Creek.......................... Approximately 865 feet

+1436

+1434 City of North Newton. upstream of Northeast 24th Street.

Approximately 1,590

+1437

+1435 feet upstream of

Northeast 24th Street.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 North Newton

Maps are available for inspection at 2601 North Main Street, North Newton, KS 67117.

Dukes County, Massachusetts, and Incorporated Areas

Atlantic Ocean...................... Along the shoreline of

+7

+11 Town of Chilmark. the Atlantic Ocean between Gilberts Cove and Quenames Cove.

Atlantic Ocean...................... Along the shoreline of

None

+9 Town of Edgartown. the Atlantic Ocean between Paqua Pond and

Jobs Neck Pond.

Atlantic Ocean...................... Along the shoreline of

None

+9 Town of West Tisbury. the Atlantic Ocean between Long Cove and

Homer Road.

Vineyard Sound...................... Along the shoreline of

+8

+9 Town of Aquinnah.

Vineyard Sound approximately 300 feet

East of the intersection of

Lobsterville Road and

West Basin Road.

Vineyard Sound...................... Along the shoreline of

None

+12 Town of Oak Bluffs.

Vineyard Sound between

Farm Pond and Hamlin

Pond.

Vineyard Sound...................... Along the shoreline of

None

+12 Town of Tisbury.

Vineyard Sound between

Algonquin Avenue to

Yacht Club Lane.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 Aquinnah

Maps are available for inspection at the Town Hall, 65 State Road, Aquinnah, MA 02535.

Town of Chilmark

Maps are available for inspection at the Town Hall, 401 Middle Road, Chilmark, MA 02535.

Town of Edgartown

Maps are available for inspection at the Town Hall, 70 Main Street, Edgartown, MA 02539.

Town of Oak Bluffs

Maps are available for inspection at the Town Hall, 56 School Street, Oak Bluffs, MA 02557.

Town of Tisbury

Maps are available for inspection at the Town Hall, 51 Spring Street, Vineyard Haven, MA 02568.

Town of West Tisbury

Maps are available for inspection at the Town Hall, 1059 State Road, West Tisbury, MA 02575.

Kennebec County, Maine, and Incorporated Areas

China Lake.......................... Along the entire

None

+199 Town of Albion. shoreline.

China Lake.......................... Along the entire

None

+199 Town of Vassalboro. shoreline.

Kezar Brook......................... At the mouth of

None

+169 Town of Winthrop.

Cobboseecontee Lake.

Page 24755

Just downstream of

None

+169

South Road.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 Albion

Maps are available for inspection at the Town Office, 22 Main Street, Albion, ME 04910.

Town of Vassalboro

Maps are available for inspection at the Town Hall, 682 Main Street, North Vassalboro, ME 04989.

Town of Winthrop

Maps are available for inspection at the Town Hall, 17 Highland Avenue, Winthrop, ME 04364.

Pike County, Mississippi, and Incorporated Areas

Tangipahoa River.................... Approximately 0.68

None

+233 Town of Osyka. miles downstream of

Highway 575.

Approximately 1,100

None

+236 feet downstream of

Highway 575.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 Osyka

Maps are available for inspection at 215 West Liberty Street, Osyka, MS 39648.

Muskingum County, Ohio, and Incorporated Areas

Moxahala Creek...................... Approximately 1,300

None

+734 Unincorporated Areas of feet downstream of

Muskingum County.

Ransbottom Road.

Approximately 500 feet

None

+735 downstream of East 1st

Street.

Muskingum River..................... Approximately 0.4 mile

+714

+718 Village of Dresden. downstream of E

Muskingum Avenue

(State Route 208).

At confluence with

+716

+720

Wakatomika Creek.

Muskingum River..................... Approximately 0.6 mile

None

+683 Village of Philo. downstream of confluence with Salt

Creek.

Approximately 0.5 mile

None

+685 upstream of confluence with Salt Creek.

Wakatomika Creek.................... Approximately 0.5 mile

+719

+720 Unincorporated Areas of downstream of Main

Muskingum County.

Street.

Approximately 1,400

+719

+725 feet downstream of

Frazeysburg Road.

Wakatomika Creek.................... Approximately 0.6 mile

None

+745 Unincorporated Areas of downstream of Shannon

Muskingum County,

Road.

Village of

Frazeysburg.

Just downstream of

None

+751

Canal Road.

Wakatomika Creek.................... Approximately 0.5 mile

None

+720 Village of Dresden. downstream of Main

Street.

Approximately 0.4 mile

None

+725 downstream of

Frazeysburg Road.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

Page 24756

** 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 Muskingum County

Maps are available for inspection at 401 Main Street, Zanesville, OH 43701.

Village of Dresden

Maps are available for inspection at 904 Chestnut Street, Dresden, OH 43821.

Village of Frazeysburg

Maps are available for inspection at 7 West Second Street, Frazeysburg, OH 43822.

Village of Philo

Maps are available for inspection at 300 Main Street, Philo, OH 43771.

Macon County, Tennessee, and Incorporated Areas

Salt Lick Creek..................... Approximately 1,965

None

+778 Unincorporated Areas of feet upstream of State

Macon County.

Highway 151.

Approximately 1,624

None

+778 feet upstream of State

Highway 151.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 Macon County

Maps are available for inspection at 201 County Courthouse, Lafayette, TN 37083.

Ector County, Texas, and Incorporated Areas

Flooding Effects of Eastside Channel Just downstream of the

None

+2887 Unincorporated Areas of and its Split Flow.

Pacific Union Railroad.

Ector County, City of

Odessa.

Just downstream of

None

+2906

Pueblo Avenue.

Approximately 200 feet

None

+2912 upstream of the intersection of Custer

Avenue and Eastside

Channel.

Flooding Effects of Monahans Draw... Just upstream of

None

+2842 Unincorporated Areas of

Grandview Road.

Ector County.

Just upstream of South

None

+2878

Crane Avenue.

Just upstream of West

None

+2884

County Road.

Just upstream of

None

+3009

Westcliff Drive.

Just upstream of State

None

+3043

Highway 866.

Flooding effects of Far East Channel At the confluence of

None

+2857 Unincorporated Areas of and its subsidiary channels.

East Side Channel.

Ector County, City of

Odessa.

Approximately 450 feet

None

+2899 upstream of the intersection of

Caliche Road.

Just upstream of Maple

None

+2907

Avenue.

Flooding effects of West Side

At the confluence of

None

+2896 City of Odessa.

Drainage Channel.

Monahans Draw.

Just upstream of West

None

+2909 16th Street.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

** 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.

Page 24757

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 Odessa

Maps are available for inspection at 411 West 8th Street, Odessa, TX 79761.

Unincorporated Areas of Ector County

Maps are available for inspection at 521 North Texas Street, Odessa, TX 79761.

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

Insurance.'')

Dated: May 14, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation

Directorate, Department of Homeland Security, Federal Emergency

Management Agency.

FR Doc. E9-12105 Filed 5-22-09; 8:45 am

BILLING CODE 9110-12-P

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