[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)] [Proposed Rules] [Pages 238-241] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E8-31268] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1028] 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-1028, 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 [[Page 239]] 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 ---------------------------------------------------------------------------------------------------------------- Pope County, Arkansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Arkansas River...................... At the intersection of None +323 Unincorporated Areas of the Arkansas River and Pope County. the Arkansas Avenue bridge. At the confluence of None +340 the Arkansas River and Lake Dardanelle. Lake Dardanelle..................... Approximately 8.323 None +340 Unincorporated Areas of miles downstream of Pope County, City of the Highway 40 bridge. Russellville. At the intersection of None +347 Lake Dardanelle and the Pleasant View Road Bridge. Whig Creek.......................... Approximately 5,166 None +330 Unincorporated Areas of feet from the Pope County, City of intersection of Whig Russellville. Creek and South Frankfort Avenue. Approximately 218 feet None +340 downstream of the intersection of Whig Creek and McHenry 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 Russellville Maps are available for inspection at 716 North El Paso Avenue, Russellville, AR 72801. Unincorporated Areas of Pope County Maps are available for inspection at 420 North Hampton, Suite B, Russellville, AR 72801. ---------------------------------------------------------------------------------------------------------------- Crawford County, Missouri, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Mermac River........................ Approximately 5,000 None +708 Unincorporated Areas of feet downstream Crawford County. Steelville city limits. Approximately 150 feet None +719 upstream HWY 19. Whittenburg Creek................... Approximately 120 feet None +725 Unincorporated Areas of downstream Snake Road. Crawford County, City of Steelville. Approximately 275 feet None +734 upstream HWY 8. Yadkin Creek........................ At confluence with None +731 Unincorporated Areas of Whittenburg Creek. Crawford County. Approximately 900 feet None +790 upstream Steelville city limits. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. [[Page 240]] + 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 Steelville Maps are available for inspection at 204 3rd St., Steelville, MO 65565. Unincorporated Areas of Crawford County Maps are available for inspection at 302 Main Street, Steelville, MO 65565. ---------------------------------------------------------------------------------------------------------------- Stone County, Missouri, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Crane Creek......................... Approximately 960 feet None +1109 Stone County. downstream Crane city limits. Approximately 430 feet None +1128 upstream Crane city limits. * 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 Stone County Maps are available for inspection at 108 4th Street, Galena, MO 65656. ---------------------------------------------------------------------------------------------------------------- San Juan County, New Mexico, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Animas River........................ At the confluence with None +5256 Unincorporated Areas of San Juan River. San Juan County. Approximately 1,200 None +5267 feet downstream of Murray Dr./US-64. Bloomfield Canyon Creek............. Approximately 2,232 None +5436 City of Bloomfield, feet upstream of E. unincorporated Areas Broadway Avenue. of San Juan County At the confluence of None +5545 Bloomfield Canyon Creek Tributary. Bloomfield Canyon Creek Tributary... At the confluence of None +5545 City of Bloomfield, Bloomfield Canyon Unincorporated Areas Creek. of San Juan County. Approximately 2,366 None +5737 feet upstream from unnamed dirt road bridge. San Juan River...................... Approximately 1,709 None +5245 Unincorporated Areas of feet downstream of San Juan County Bisti Highway. Approximately 9,367 None +5269 feet upstream of confluence with Animas River. * 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 Bloomfield Maps are available for inspection at 915 N. First St., P.O. Box 1839, Bloomfield, NM 87413. Unincorporated Areas of San Juan County Maps are available for inspection at 209 S. Oliver Drive, Aztec, NM 87410. ---------------------------------------------------------------------------------------------------------------- [[Page 241]] (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. E8-31268 Filed 1-2-09; 8:45 am] BILLING CODE 9110-12-P