[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Proposed Rules]
[Pages 55469-55473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22523]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-1007]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
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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 December 24, 2008.
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-1007, 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)
[email protected].
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) [email protected].
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:
[[Page 55470]]
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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation ** ground
--------------------------
Effective Modified
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Mohave County, Arizona, and Incorporated Areas
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Williams Wash....................... Approximately 250 feet 2 +703 City of Bullhead City.
upstream of confluence
Highland/Green Wash.
Approximately 622 feet None +1471
upstream of La Puerta
Road.
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* 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 Bullhead City
Maps are available for inspection at 1255 Marina Blvd, Bullhead City, AZ 86442.
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Brown County, Illinois, and Incorporated Areas
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Illinois River...................... From the limit of +447 +448 Unincorporated Areas of
flooding affecting Brown County.
community at river
mile 71.3 in Pike
County; 0.7 miles
downstream of the Pike/
Brown County Border at
approximately State
Hwy 104.
To the Schuyler/Morgan +448 +450
County Border at river
mile 83.8;
approximately the
mouth of the La Moine
River.
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* 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
Unincorporated Areas of Brown County
Maps are available for inspection at Brown County Courthouse, 200 West Court Street, Mt. Sterling, IL 62353.
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Anderson County, Kentucky, and Incorporated Areas
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Kentucky River...................... Anderson County and None +509 Unincorporated Areas of
Franklin County Anderson County.
corporate limits.
Anderson County and None +527
Mercer County
corporate limits..
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* 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
Unincorporated Areas of Anderson County
Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342.
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Henderson County, Kentucky, and Incorporated Areas
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Canoe Creek......................... Just upstream US-41.... None +376 Unincorporated Areas of
Henderson County, City
of Henderson.
At confluence with Elam None +383
Ditch.
Elam Ditch.......................... At confluence with None +383 Unincorporated Areas of
Canoe Creek. Henderson County.
At Airline Road (KY- None +393
812).
[[Page 55471]]
Elam Ditch Tributary 1.............. At confluence with Elam None +384 Unincorporated Areas of
Ditch. Henderson County.
Approximately 1250 feet None +395
downstream Toy
Anthoston Road (KY-
2677).
Elam Ditch Tributary 2.............. At confluence with Elam None +384 Unincorporated Areas of
Ditch. Henderson County.
Just downstream Airline None +395
Road (KY-812).
Elam Ditch Tributary 3.............. At confluence with Elam None +384 Unincorporated Areas of
Ditch. Henderson County.
Just downstream Toy None +389
Anthoston.
Kimsey Lane Left Tributary.......... At confluence with +387 +388 Unincorporated Areas of
North Fork Canoe Creek. Henderson County, City
of Henderson.
Approximately 750 feet +387 +388
upstream Van Wyk Road.
Kimsey Lane Right Tributary......... At confluence with +387 +388 Unincorporated Areas of
North Fork Canoe Creek. Henderson County, City
of Henderson.
At Kinsey Lane (KY- +387 +388
6112).
Middle Canoe Creek.................. At confluence with +379 +382 Unincorporated Areas of
Sellers Ditch. Henderson County, City
of Henderson.
At confluence with Elam +380 +382
Ditch.
North Fork Canoe Creek.............. At confluence with +378 +382 Unincorporated Areas of
Canoe Creek. Henderson County, City
of Henderson.
At approximately 4000 +387 +389
feet upstream Kimsey
Lane (KY-6112).
Sellers Ditch....................... At confluence with +377 +376 Unincorporated Areas of
Canoe Creek. Henderson County.
Approximately 200 feet +379 +382
upstream Old Madison
Road.
Tiger Ditch (Formerly Highway 812 At confluence with +379 +382 Unincorporated Areas of
Tributary). North Fork Canoe Creek. Henderson County, City
of Henderson.
Approximately 150 feet None +391
downstream Zion Road.
Tiger Ditch Tributary 1............. At confluence with None +385 Unincorporated Areas of
Tiger Ditch (Formerly Henderson County, City
Highway 812 Tributary). of Henderson.
Just downstream Adams None +390
Lane.
Upper Canoe Creek................... At confluence with +379 +382 Unincorporated Areas of
Sellers Ditch. Henderson County.
Approximately 3800 feet +382 +385
upstream confluence
with East Fork Canoe
Creek.
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* 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 Henderson
Maps are available for inspection at 222 First Street, Henderson, KY 42419.
Unincorporated Areas of Henderson County
Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.
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Jackson County, Michigan, and Incorporated Areas
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Grand River......................... Upstream side of High None +935 City of Jackson,
Street. Township of Leoni,
Township of Napoleon,
Township of Summit.
Approximately 1,400 +941 +942
feet upstream of
Porbert Road.
Grand River......................... Downstream side of None +909 Township of Rivas.
Maple Grove Road.
Approximate 0.5 mile None +910
upstream of Maple
Grove Road.
North Branch Grand River............ At confluence with None +935 Township of Leoni.
Grand River.
[[Page 55472]]
Downstream side of 5th None +936
Street.
North Branch Kalamazoo River........ Approximately 0.6 mile None +988 Township of Concord.
upstream of N. Main
Street.
Approximately 1 mile None +988
upstream of N. Main
Street.
Vineyard Lake....................... Entire shoreline of None +970 Township of Norvell,
Vineyard Lake. Township of Columbia.
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* 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 Jackson
Maps are available for inspection at 161 W Michigan Avenue, Jackson, MI 49201.
Township of Columbia
Maps are available for inspection at 8500 Jefferson Road, Brooklyn, MI 49230.
Township of Concord
Maps are available for inspection at 402 South Main Street, Concord, MI 49237.
Township of Leoni
Maps are available for inspection at 913 Fifth Street, Michigan Center, MI 49254.
Township of Napoleon
Maps are available for inspection at 6755 Brooklyn Road, Napoleon, MI 49261.
Township of Norvell
Maps are available for inspection at 106 E Commercial Street, Norvell, MI 49263.
Township of Rivas
Maps are available for inspection at 106 Main Street, Jackson, MI 49201.
Township of Summit
Maps are available for inspection at 2121 Ferguson Road, Jackson, MI 49201.
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Missoula County, Montana, and Incorporated Areas
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Clarks Fork......................... Approximately 50 feet +3160 +3157 Unincorporated Areas of
upstream of Reserve Missoula County, City
Street. of Missoula.
Approximately 500 feet +3168 +3169
downstream of Russell
Street.
La Valle Creek...................... Approximately 150 feet None +3075 Unincorporated Areas of
upstream of the Missoula County.
Frenchtown Irrigation
District Ditch.
Just upstream of None +3081
Dechamps Bridge.
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* 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 Missoula
Maps are available for inspection at 435 Ryman St, Missoula, MT 59802.
Unincorporated Areas of Missoula County
Maps are available for inspection at 435 Ryman St, Missoula, MT 59802.
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[[Page 55473]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: September 16, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-22523 Filed 9-24-08; 8:45 am]
BILLING CODE 9110-12-P