[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Proposed Rules]
[Pages 241-244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31267]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1026]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
-----------------------------------------------------------------------
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 April 6, 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-1026, 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:
----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation** ground
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Otero County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beeman Canyon Creek................. From where the Flow +4440 +4442 City of Alamogordo,
Path meets the Dam. Unincorporated Areas
of Otero County.
[[Page 242]]
Approximately 1906 feet None +4603
upstream from North
Scenic Drive to the
Limit of Study.
Flow Path 12............... Approximately 758 feet None +4471 Unincorporated Areas of
downstream from Otero County.
Octillo Lane.
Approximately 3,560 None +4670
feet upstream from
South canyon Road.
Flow Path 16............... Approximately 461 feet None +4461 Unincorporated Areas of
downstream from Otero County.
Caneadea Loop.
Approximately 2,904 None +4803
feet upstream from
Rocky Mountain Road to
Limit of Study.
Flow Path 2................ Approximately 1,450 None +4449 Unincorporated Areas of
feet upstream from Dam. Otero County.
Approximately 3,520 None +4481
feet upstream from the
Dam.
Flow Path 3................ Approximately 741 feet None +4344 Unincorporated Areas of
downstream from Eddy Otero County.
drive.
Approximately 51 feet None +4350
upstream from Eddy
drive.
Flow Path 30............... At the Alamogordo City None +4122 Unincorporated Areas of
Limits. Otero County, City of
Alamogordo.
Approximately 7,117 None +4202
feet upstream of the
Alamogordo City Limits.
Flow Path 31............... Approximately 2,617 None +4270 Unincorporated Areas of
feet downstream from Otero County.
Lavelle Road.
Approximately 2,699 None +4270
feet downstream from
Lavelle Road.
----------------------------------------------------------------------------------------------------------------
* 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 Alamogordo
Maps are available for inspection at 1376 East Ninth St., Alamogordo, NM 88310
Unincorporated Areas of Otero County
Maps are available for inspection at 1000 New York Ave., Alamogordo, NM 88310.
----------------------------------------------------------------------------------------------------------------
Niagara County, New York, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bergholtz Creek..................... At confluence with +571 +570 City of Niagara Falls,
Cayuga Creek. Town of Cambria, Town
of Wheatfield.
Approximately 1.4 miles None +631
upstream of NY State
Route 425 (Shawnee
Road).
Bull Creek.......................... At confluence with +573 +575 City of North
Tonawanda Creek-- Tonawanda, Town of
Backwater area. Cambria, Town of
Pendleton, Town of
Wheatfield.
Approximately 240 feet None +604
upstream of Lockport
Road.
Cayuga Creek........................ Approximately 0.3 mile +572 +571 Town of Niagara, Town
upstream of Pine of Wheatfield.
Avenue/U.S. Route 62.
Approximately 70 feet +586 +584
downstream of the
first Airport Overpass.
Cayuga Creek West Tributary......... At the confluence with +578 +579 Town of Niagara.
Cayuga Creek.
Approximately 240 feet None +621
upstream of Lockport
Road.
Cayuga Creek West Tributary Just upstream of Porter +583 +582 Town of Niagara.
Diversion. Road.
At the confluence with +583 +582
Cayuga Creek West
Tributary.
Donner Creek........................ Approximately 326 feet +618 +617 City of Lockport, Town
downstream of Beatie of Lockport.
Road.
Approximately 975 feet +632 +631
upstream of Lincoln
Avenue.
Eighteenmile Creek.................. Just downstream of None +364 City of Lockport.
Stone Road.
Approximately 0.41 mile +363 +364
upstream of Stone Road.
Eighteenmile Creek East Branch...... Approximately 1,300 +369 +374 Town of Newfane.
feet downstream of Day
Road.
[[Page 243]]
Approximately 540 feet +373 +374
upstream of Day Road.
Gulf Branch......................... At confluence with +362 +364 City of Lockport.
Eighteenmile Creek.
Approximately 800 feet +363 +364
upstream of confluence
with Eighteenmile
Creek.
Johnson Creek 2..................... Approximately 665 feet None +476 Town of Hartland, Town
downstream of Sherman of Royalton.
Road.
Approximately 0.19 mile None +541
upstream of Telegraph
Road.
Mud Creek........................... At confluence with +581 +583 Town of Pendleton, Town
Tonowanda Creek. of Lockport.
Approximately 0.63 mile +582 +583
downstream of Minnick
Road.
Sawyer Creek (East)................. At confluence with Bull +572 +575 City of North
Creek. Tonawanda, Town of
Wheatfield.
At the centerline of None +578
Ward Road.
Sawyer Creek (West)................. At confluence with None +573 Town of Wheatfield.
Bergholtz Creek.
At the centerline of None +578
Ward Road.
Tonawanda Creek..................... Approximately 0.9 mile None +572 City of North
upstream of Twin Tonawanda, Town of
Cities Memorial Lockport, Town of
Highway. Pendleton, Town of
Royalton, Town of
Wheatfield.
Approximately 2.8 miles None +593
upstream of Rapids
Road.
Town Ditch Number 2................. At confluence with None +578 Town of Pendleton.
Tonawanda Creek.
Approximately 0.8 mile None +578
upstream of Campbell
Boulevard.
Twelvemile Creek.................... Approximately 2.0 miles +301 +300 Town of Porter, Town of
upstream of Fitch Road. Wilson.
Approximately 870 feet +300 +301
downstream of
Ransomville Road.
----------------------------------------------------------------------------------------------------------------
* 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 Lockport
Maps are available for inspection at Lockport Municipal Building, One Locks Plaza, Lockport, NY.
City of Niagara Falls
Maps are available for inspection at Niagara Falls City Hall, 745 Main Street, Niagara Falls, NY.
City of North Tonawanda
Maps are available for inspection at North Tonawanda City Hall, 216 Payne Avenue, North Tonawanda, NY.
Town of Cambria
Maps are available for inspection at Cambria Town Hall, 4160 Upper Mountain Road, Sanborn, NY.
Town of Hartland
Maps are available for inspection at Hartland Town Hall, 8942 Ridge Road, Gasport, NY.
Town of Lockport
Maps are available for inspection at Lockport Town Hall, 6560 Dysinger Road, Lockport, NY.
Town of Newfane
Maps are available for inspection at Newfane Town Hall, 2896 Transit Road, Newfane, NY.
Town of Niagara
Maps are available for inspection at Niagara Town Hall, 7105 Lockport Road, Niagara Falls, NY.
Town of Pendleton
Maps are available for inspection at Pendleton Town Hall, 6570 Campbell Boulevard, Lockport, NY.
Town of Porter
Maps are available for inspection at Porter Town Hall, 3265 Creek Road, Youngstown, NY.
Town of Royalton
Maps are available for inspection at Royalton Town Hall, 5316 Royalton Center Road, Middleport, NY.
Town of Wheatfield
Maps are available for inspection at Wheatfield Town Hall, 2800 Church Road, North Tonawanda, NY.
Town of Wilson
Maps are available for inspection at Wilson Town Hall, 375 Lake Street, Wilson, NY.
----------------------------------------------------------------------------------------------------------------
[[Page 244]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: December 22, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-31267 Filed 1-2-09; 8:45 am]
BILLING CODE 9110-12-P