FR Doc E8-29763

[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Proposed Rules]
[Page 76318-76322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de08-22]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1024]

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 March 16, 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-1024, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal

[[Page 76319]]

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 feet above Communities affected
elevation ** ground
--------------------------
Effective Modified
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Ventura County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Arroya Santa Rosa.................. At the confluence with +232 +233 Unincorporated Areas
Conejo Creek. of Ventura County.
Approximately 0.6 mile +381 +378
upstream of East Las
Posas Road.
Arroyo Santa Rosa Tributary........ At the confluence with +258 +250 Unincorporated Areas
Arroyo Santa Rosa. of Ventura County.
Approximately 400 feet None +379
upstream of Santa Rosa
Road.
Calleguas Creek.................... Approximately 100 feet +141 +143 Unincorporated Areas
downstream of U.S. of Ventura County,
Highway 101. City of Camarillo.
Approximately 0.9 mile +241 +248
upstream of Seminary Road.
Camarillo Hills Drain.............. Approximately 40 feet +92 +95 City of Camarillo.
upstream of West Ventura
Boulevard.
At Arneill Road........... None +185
Edgemore Drain..................... At the confluence with None +117 City of Camarillo.
Camarillo Hills Drain.
Approximately 520 feet None +153
upstream of Getman Street.
Mission Drain...................... At the confluence with None +132 City of Camarillo.
Camarillo Hills Drain.
Approximately 430 feet None +173
downstream of Mission
Drive.
Peach Hill Wash.................... At the confluence with +427 +426 City of Moorpark,
Arroyo Simi. Unincorporated Areas
of Ventura County.
Approximately 1,170 feet +475 +477
upstream of Country Hill
Road.
Somis Drain........................ At the confluence with +165 +168 City of Camarillo.
Calleguas Creek.
At Las Posas Road......... None +203
West Camarillo Hills Tributary..... At the confluence with None +124 City of Camarillo.
Camarillo Hills Drain.

[[Page 76320]]

Approximately 20 feet None +155
downstream of Las Posas
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 Camarillo
Maps are available for inspection at Camarillo City Hall, 601 Carmen Drive, Camarillo, CA.
City of Moorpark
Maps are available for inspection at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA.

Unincorporated Areas of Ventura County
Maps are available for inspection at Ventura County Hall of Administration, 800 South Victoria Avenue, Ventura,
CA.
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Gage County, Nebraska, and Incorporated Areas
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Big Blue River..................... Approximately 900 feet None +1195 Unincorporated Areas
upstream of State Highway of Gage County.
8.
Approximately 0.5 mile None +1196
upstream of State Highway
8.
Big Blue River Tributary 44........ Upstream of South 25th +1254 +1261 City of Beatrice.
Street.
Downstream of Scott Street None +1273
Big Blue River backwater on Bills Approximately 1,200 feet None +1217 City of Wymore.
Creek. downstream of South A
Street.
Approximately 600 feet None +1217
downstream of South A
Street.
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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 Beatrice
Maps are available for inspection at City Hall, 400 Ella Street, Beatrice, NE 68310.
City of Wymore
Maps are available for inspection at City Office, 115 West East Street, Wymore, NE 68466.

Unincorporated Areas of Gage County
Maps are available for inspection at Gage County Highway Department, 823 South 8th Street, Beatrice, NE 68310.
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Jackson County, North Carolina, and Incorporated Areas
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Bumgarner Branch................... At the confluence with None +2114 Town of Sylva,
Mill Creek (into Unincorporated Areas
Tuckasegee River). of Jackson County.
Approximately 1,200 feet None +2136
upstream of Big Orange
Way.
Tuckasegee River................... Approximately 150 feet None +1835 Town of Dillsboro,
downstream of the Jackson/ Unincorporated Areas
Swain County boundary. of Jackson County.
The confluence of None +3654
Greenland Creek and
Panthertown Creek.
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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
Town of Dillsboro
Maps are available for inspection at Dillsboro Town Office, 42 Front Street, Dillsboro, NC.

[[Page 76321]]

Town of Sylva
Maps are available for inspection at Sylva Town Hall, 83 Allen Street, Sylva, NC.

qdrt]Maps are available for inspection at Jackson County Inspections Department, 401 Grindstaff Cove Road, Suite
105, Sylva, NC.
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Pottawatomie County, Oklahoma, and Incorporated Areas
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Tributary 1 to Rock Creek. Confluence with Rock Creek +973 +974 City of Shawnee.
and Tributary 1
to Rock Creek.
Approximately 1,565 feet +985 +986
upstream of Kickapoo
Street.
Tributary 1 to Tributary Approximately 500 feet None +989 City of Shawnee.
2 to Rock Creek. downstream of Union
Street.
Intersection of 45th None +1021
Street and Tributary
1 to Tributary
2 to Rock Creek.
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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 Shawnee
Maps are available for inspection at County Courthouse, 325 N. Broadway, Shawnee, OK 74801.
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Monroe County, Tennessee, and Incorporated Areas
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Sweetwater Creek................... 121 feet upstream of State +903 +908 City of Sweetwater.
Highway 322.
290 feet downstream of +917 +918
State Highway 68.
1,655 feet upstream of None +920
State Highway.
Sweetwater Creek................... 1,430 feet downstream of None +888 Unincorporated Areas
North Main Street. of Monroe County,
City of Sweetwater.
248 Feet Upstream of State None +920
Highway.
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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 Sweetwater
Maps are available for inspection at 203 Monroe Street, Sweetwater, TN 37874.

Unincorporated Areas of Monroe County
Maps are available for inspection at 310 Tellico Street, Suite 2, Madisonville, TN 37354.
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[[Page 76322]]

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

Dated: December 5, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-29763 Filed 12-15-08; 8:45 am]

BILLING CODE 9110-12-P