FR Doc E8-25264

[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Proposed Rules]
[Page 63113-63116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc08-26]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1013]

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.

[[Page 63114]]

DATES: Comments are to be submitted on or before January 21, 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-1013, 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:

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*Elevation in feet
(NGVD) + Elevation
in feet (NAVD)
Flooding source(s) Location of referenced Depth in Communities affected
elevation** feet above ground
----------------------
Effective Modified
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Graves County, Kentucky, and Incorporated Areas
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Camp Creek.......................... Approximately 2,000 feet None +352 Graves County.
upstream KY-348.
Approximately 800 feet None +370
upstream Railroad.
Kess Creek.......................... At Paris Road............... None +456 Graves County, City of
Mayfield.
Approximately 750 downstream None +470
of South 10th Street.
Obion Creek......................... Approximately 2,100 feet None +378 Graves County.
downstream Railroad (West
County Boundary).
At US-45.................... None +410
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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 Mayfield
Maps are available for inspection at 211 East Broadway, Mayfield, KY 42066.

[[Page 63115]]

Graves County
Maps are available for inspection at 101 East South Street, Mayfield, KY 42066.
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Cocke County, Tennessee, and Incorporated Areas
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Clear Creek......................... Approximately 2.2 miles None +1030 Unincorporated Areas
upstream of the confluence of Cocke County.
of French Broad River.
Approximately 927 feet +1029 +1030
upstream of the confluence
of French Broad River.
French Broad River/Douglas Lake..... Approximately 4.7 miles None +1002 Unincorporated Areas
downstream of U.S. Highway of Cocke County.
25 E.
Approximately 1.5 miles +1016 +1014
upstream of the confluence
of Pigeon River.
Haney Branch........................ At the confluence of French None +1010 Unincorporated Areas
Broad River. of Cocke County.
Approximately 1,290 feet None +1010
upstream of Wynn Way.
McCowan Creek....................... At the confluence of French None +1002 Unincorporated Areas
Broad River. of Cocke County.
Approximately 1.1 miles None +1002
upstream of the confluence
of French Broad River.
Nolichucky River.................... Approximately 1.2 miles None +1022 Unincorporated Areas
upstream of Hale Road. of Cocke County.
Approximately 1.1 miles None +1044
upstream of Glendale Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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 Cocke County
Maps are available for inspection at Cocke County Courthouse, 111 Court Avenue, Rm 112, Newport, TN 37821.
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Buffalo County, Wisconsin, and Incorporated Areas
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Buffalo River....................... Approximately 7,700 feet None +777 Unincorporated Areas
downstream of the Eau of Buffalo County.
Claire Street bridge.
Approximately 7,000 feet None +777
downstream of the Eau
Claire Street bridge.
Mississippi River................... Approximately 4.8 miles +658 +657 City of Alma, City of
downstream of State Highway Buffalo, City of
54. Fountain City,
Unincorporated Areas
of Buffalo County,
Village of Cochrane,
Village of Nelson.
Approximately 2.1 miles +681 +680
upstream of State Highway
25.
Peeso Creek......................... Approximately 3,400 feet None +822 Unincorporated Areas
upstream of the Washington of Buffalo County.
Street Bridge.
Approximately 4,200 feet None +825
upstream of the Washington
Street Bridge.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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 Alma
Maps are available for inspection at City Hall, 314 North Main Street, Alma, WI 54610.

City of Buffalo

[[Page 63116]]

Maps are available for inspection at Municipal Building, 245 East 10th Street, Buffalo City, WI 54622.

City of Fountain City
Maps are available for inspection at City Hall, 42 North Main Street, Fountain City, WI 54629.

Unincorporated Areas of Buffalo County
Maps are available for inspection at Buffalo County Courthouse, 407 South 2nd Street, Alma, WI 54610.

Village of Cochrane
Maps are available for inspection at Village Hall, 102 East 5th Street, Cochrane, WI 54622.

Village of Nelson
Maps are available for inspection at Village Hall, 105 South Main Street, Nelson, WI 54756.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: October 10, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-25264 Filed 10-22-08; 8:45 am]

BILLING CODE 9110-12-P