Proposed Flood Elevation Determinations

Federal Register: June 15, 2009 (Volume 74, Number 113)

Proposed Rules

Page 28202-28204

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

DOCID:fr15jn09-21

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1057

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 September 14, 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-1057, 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 28203

* 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

Madison County, Alabama, and Incorporated Areas

Aldridge Creek...................... Approximately 0.4 miles

+577

+576 City of Huntsville, upstream of Green Cove

Unincorporated Areas

Road.

of Madison County.

Approximately 75 feet

+679

+682 downstream of Drake

Avenue.

* 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 Huntsville

Maps are available for inspection at 308 Fountain Circle Southwest, Huntsville, AL 35804.

Unincorporated Areas of Madison County

Maps are available for inspection at 100 North Side Circle, Huntsville, AL 35801.

Franklin County, Kansas, and Incorporated Areas

Nugent Creek........................ Just upstream of

None

+904 City of Ottawa,

Marshall Road.

Unincorporated Areas of Franklin County.

Just downstream of

None

+940

Interstate Highway 35.

Pottawatomie Creek.................. At confluence of

None

+874 City of Lane.

Unnamed Tributary between Walnut Street and Cherry Street in eastern portion of the city.

Just upstream of the

None

+875 intersection of Lane

Road and South Kansas

Avenue.

Rock Creek.......................... Just upstream of East

None

+902 City of Ottawa, 15th Street.

Unincorporated Areas of Franklin County.

Just downstream of

None

+913

Interstate Highway 35.

Walnut Creek........................ Just upstream of

None

+1012 City of Wellsville,

Interstate Highway 35.

Unincorporated Areas of Franklin County.

Just upstream of Utah

None

+1040

Road.

Walnut Creek Tributary.............. At confluence with

None

+1030 Unincorporated Areas of

Walnut Creek.

Franklin County.

Approximately 800 feet

None

+1038 downstream from Hedge

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

City of Lane

Maps are available for inspection at 520 3rd Street, P.O. Box 116, Lane, KS 66042.

City of Ottawa

Maps are available for inspection at 101 S Hickory, 2nd Floor, Ottawa, KS 66067.

City of Wellsville

Maps are available for inspection at 411 Main Street, Wellsville, KS 66092.

Unincorporated Areas of Franklin County

Maps are available for inspection at 315 South Main Street, Suite 202, Ottawa, KS 66067.

Page 28204

Lincoln County, Missouri, and Incorporated Areas

Cuivre River........................ At confluence with

+445

+444 Unincorporated Areas of

Mississippi River at

Lincoln County, City

East Sycamore Road,

of Old Monroe. east of City of Old

Monroe.

McLean Creek........................ At confluence with

+446

+445 Unincorporated Areas of

Mississippi River,

Lincoln County, City just east of City of

of Winfield.

Winfield.

Mississippi River................... At southern county

+445

+444 Unincorporated Areas of boundary, east of City

Lincoln County, City of Old Monroe.

of Elsberry, City of

Foley, City of Old

Monroe, City of

Winfield.

At northern county

+451

+450 boundary at Dameron

Road.

Sandy Creek......................... At confluence with

+447

+446 Unincorporated Areas of

Mississippi River,

Lincoln County, City east of City of Foley.

of Foley.

* 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 Elsberry

Maps are available for inspection at 201 Broadway Street, Elsberry, MO 63343.

City of Foley

Maps are available for inspection at 617 Elm Street, Foley, MO 63347.

City of Old Monroe

Maps are available for inspection at 151 Main Street, P.O. Box 212, Old Monroe, MO 63369.

City of Winfield

Maps are available for inspection at 51 Old Troy Highway, P.O. Box 59, Winfield, MO 63389.

Unincorporated Areas of Lincoln County

Maps are available for inspection at 201 Main Street, Troy, MO 63379.

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

Insurance.'')

Dated: May 27, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation

Directorate, Department of Homeland Security, Federal Emergency

Management Agency.

FR Doc. E9-14039 Filed 6-12-09; 8:45 am

BILLING CODE 9110-12-P