[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Proposed Rules]
[Pages 69595-69598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27478]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-1020]
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 February 17, 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-1020, 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:
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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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St. Joseph County, Indiana, and Incorporated Areas
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Baugo Creek......................... Approximately 300 feet +718 +719 Town of Osceola,
upstream of confluence Unincorporated Areas
with St. Joseph River/ of St. Joseph County.
Baugo Bay.
Approximately 100 feet None +726
upstream of county
boundary with Elkhart
County.
[[Page 69596]]
Judy Creek.......................... Approximately 1,950 +712 +711 Town of Roseland.
feet upstream of
Kenilwood Road.
Approximately 1,825 +713 +712
feet downstream of
Indiana East-West Toll
Road.
Kieffer Creek....................... Approximately 550 feet None +690 City of South Bend,
upstream of confluence Unincorporated Areas
with St. Joseph River. of St. Joseph County.
Approximately 1,850 +721 +722
feet upstream of
Hollyhock Road.
Potato Creek........................ Approximately 280 feet None +709 Town of North Liberty.
downstream of Cemetery
Road.
Approximately 980 feet None +712
upstream of Cemetery
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 South Bend
Maps are available for inspection at 227 West Jefferson Blvd, Suite 400 S, South Bend, IN 46601.
Town of North Liberty
Maps are available for inspection at 300 South Main Street, North Liberty, IN 46554.
Town of Osceola
Maps are available for inspection at 850 Lincoln Way West, Osceola, IN 46561.
Town of Roseland
Maps are available for inspection at 200 Independence Drive, Roseland, IN 46637.
Unincorporated Areas of St. Joseph County
Maps are available for inspection at 227 W. Jefferson Blvd, Room 732, South Bend, IN 46601.
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Cameron Parish County, Louisiana, and Incorporated Areas
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Calcasieu Lake...................... Base Flood Elevation +6-13 +8-16 Unincorporated Areas of
Changes ranging from 8 Cameron Parish.
to 16 feet in the form
of Coastal AE/VE Zones
have been made.
Grand Lake/Mermentau Lake........... Base Flood Elevation +6-12 +8-11 Unincorporated Areas of
Changes ranging from 8 Cameron Parish.
to 11 feet in the form
of Coastal AE/VE Zones
have been made.
Gulf of Mexico...................... Base Flood Elevation +4-21 +6-22 Unincorporated Areas of
Changes ranging from 6 Cameron Parish.
to 22 feet in the form
of Coastal AE/VE Zones
have been made..
Sabine Lake......................... Base Flood Elevation +8-13 +10-14 Unincorporated Areas of
Changes ranging from Cameron Parish.
10 to 14 feet in the
form of Coastal VE
Zones have been made.
White Lake.......................... Base Flood Elevation +10-13 +8-12 Unincorporated Areas of
Changes ranging from 8 Cameron Parish.
to 12 feet in the form
of Coastal VE Zones
have been made for
transects extended
from White Lake into
Cameron Parish from
Vermillion Parish.
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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 Cameron Parish
Maps are available for inspection at 119 Smith Circle, Cameron, LA 70631.
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Custer County, Montana, and Incorporated Areas
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Tongue River........................ Approximately 1,605 +2360 +2359 Unincorporated Areas of
Feet upstream of Custer County, City of
confluence with Miles City.
Yellowstone River.
Approximately 5,315 None +2375
Feet upstream of
Interstate 94.
[[Page 69597]]
Tongue River Split 1................ Approximately 1,450 None +2353 Unincorporated Areas of
Feet upstream of Custer County, City of
confluence with Miles City.
Yellowstone River.
Approximately 2,430 None +2358
Feet upstream of 4th
Street.
Tongue River Split 2A............... Approximately 2,135 None +2348 Unincorporated Areas of
Feet upstream of Custer County, City of
confluence with Miles City.
Yellowstone River.
Approximately 185 Feet None +2358
upstream of Montana
Avenue.
Tongue River Split 2B............... Just downstream of the None +2359 City of Miles City.
intersection of Palmer
Street and 9th Street.
Approximately 705 Feet None +2360
upstream of Pleasant
St.
Tongue River Split 2C............... Approximately 380 Feet None +2359 City of Miles City.
upstream of Palmer
Street.
Approximately 1,145 None +2363
Feet upstream of
Pacific Avenue.
Tongue River Split 3A............... Approximately 300 Feet None +2346 Unincorporated Areas of
upstream of confluence Custer County, City of
with Tongue River Miles City.
Split 2A.
Approximately 290 Feet None +2358
upstream of Leighton
Street.
Tongue River Split 3B............... Just downstream of None +2360 Unincorporated Areas of
Pleasant Street. Custer County, City of
Miles City.
Approximately 75 Feet None +2365
upstream of 4th Avenue.
Tongue River Split 3C............... Approximately 130 Feet None +2358 Unincorporated Areas of
downstream of Palmer Custer County, City of
Street. Miles City.
Approximately 1,465 None +2368
Feet upstream of
Balsam Drive.
Yellowstone River................... Approximately 22,675 None +2336 Unincorporated Areas of
Feet downstream of Custer County, City of
State Highway 59. Miles City.
Approximately 11,500 None +2363
Feet upstream of State
Highway 59.
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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 Miles City
Maps are available for inspection at 17 South 8th Street, Miles City, MT 59301.
Unincorporated Areas of Custer County
Maps are available for inspection at 1010 Main Street, Miles City, MT 59301.
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Coshocton County, Ohio, and Incorporated Areas
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Muskingum River..................... 170 feet upstream of None +737 Village of Conesville.
railroad crossing over
Muskingum River east
of Conesville.
260 feet upstream of None +737
railroad crossing over
Muskingum River east
of Conesville.
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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
Village of Conesville
Maps are available for inspection at Coshocton County Engineer Office, 23194 County Road 621, Coshocton, OH
43812.
[[Page 69598]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: November 13, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-27478 Filed 11-18-08; 8:45 am]
BILLING CODE 9110-12-P