FR Doc E9-12105

[Federal Register: May 26, 2009 (Volume 74, Number 99)]
[Proposed Rules]
[Page 24753-24757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my09-18]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1047]

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% 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 August 24, 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-1047, 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.
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:

[[Page 24754]]

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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation ** Elevation in meters
(MSL)
--------------------------
Effective Modified
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Harvey County, Kansas, and Incorporated Areas
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Sand Creek.......................... Approximately 865 feet +1436 +1434 City of North Newton.
upstream of Northeast
24th Street.
Approximately 1,590 +1437 +1435
feet upstream of
Northeast 24th Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 North Newton
Maps are available for inspection at 2601 North Main Street, North Newton, KS 67117.
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Dukes County, Massachusetts, and Incorporated Areas
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Atlantic Ocean...................... Along the shoreline of +7 +11 Town of Chilmark.
the Atlantic Ocean
between Gilberts Cove
and Quenames Cove.
Atlantic Ocean...................... Along the shoreline of None +9 Town of Edgartown.
the Atlantic Ocean
between Paqua Pond and
Jobs Neck Pond.
Atlantic Ocean...................... Along the shoreline of None +9 Town of West Tisbury.
the Atlantic Ocean
between Long Cove and
Homer Road.
Vineyard Sound...................... Along the shoreline of +8 +9 Town of Aquinnah.
Vineyard Sound
approximately 300 feet
East of the
intersection of
Lobsterville Road and
West Basin Road.
Vineyard Sound...................... Along the shoreline of None +12 Town of Oak Bluffs.
Vineyard Sound between
Farm Pond and Hamlin
Pond.
Vineyard Sound...................... Along the shoreline of None +12 Town of Tisbury.
Vineyard Sound between
Algonquin Avenue to
Yacht Club Lane.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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 Aquinnah
Maps are available for inspection at the Town Hall, 65 State Road, Aquinnah, MA 02535.

Town of Chilmark
Maps are available for inspection at the Town Hall, 401 Middle Road, Chilmark, MA 02535.

Town of Edgartown
Maps are available for inspection at the Town Hall, 70 Main Street, Edgartown, MA 02539.

Town of Oak Bluffs
Maps are available for inspection at the Town Hall, 56 School Street, Oak Bluffs, MA 02557.

Town of Tisbury
Maps are available for inspection at the Town Hall, 51 Spring Street, Vineyard Haven, MA 02568.

Town of West Tisbury
Maps are available for inspection at the Town Hall, 1059 State Road, West Tisbury, MA 02575.
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Kennebec County, Maine, and Incorporated Areas
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China Lake.......................... Along the entire None +199 Town of Albion.
shoreline.
China Lake.......................... Along the entire None +199 Town of Vassalboro.
shoreline.
Kezar Brook......................... At the mouth of None +169 Town of Winthrop.
Cobboseecontee Lake.

[[Page 24755]]

Just downstream of None +169
South Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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 Albion
Maps are available for inspection at the Town Office, 22 Main Street, Albion, ME 04910.

Town of Vassalboro
Maps are available for inspection at the Town Hall, 682 Main Street, North Vassalboro, ME 04989.

Town of Winthrop
Maps are available for inspection at the Town Hall, 17 Highland Avenue, Winthrop, ME 04364.
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Pike County, Mississippi, and Incorporated Areas
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Tangipahoa River.................... Approximately 0.68 None +233 Town of Osyka.
miles downstream of
Highway 575.
Approximately 1,100 None +236
feet downstream of
Highway 575.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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 Osyka
Maps are available for inspection at 215 West Liberty Street, Osyka, MS 39648.
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Muskingum County, Ohio, and Incorporated Areas
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Moxahala Creek...................... Approximately 1,300 None +734 Unincorporated Areas of
feet downstream of Muskingum County.
Ransbottom Road.
Approximately 500 feet None +735
downstream of East 1st
Street.
Muskingum River..................... Approximately 0.4 mile +714 +718 Village of Dresden.
downstream of E
Muskingum Avenue
(State Route 208).
At confluence with +716 +720
Wakatomika Creek.
Muskingum River..................... Approximately 0.6 mile None +683 Village of Philo.
downstream of
confluence with Salt
Creek.
Approximately 0.5 mile None +685
upstream of confluence
with Salt Creek.
Wakatomika Creek.................... Approximately 0.5 mile +719 +720 Unincorporated Areas of
downstream of Main Muskingum County.
Street.
Approximately 1,400 +719 +725
feet downstream of
Frazeysburg Road.
Wakatomika Creek.................... Approximately 0.6 mile None +745 Unincorporated Areas of
downstream of Shannon Muskingum County,
Road. Village of
Frazeysburg.
Just downstream of None +751
Canal Road.
Wakatomika Creek.................... Approximately 0.5 mile None +720 Village of Dresden.
downstream of Main
Street.
Approximately 0.4 mile None +725
downstream of
Frazeysburg Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

[[Page 24756]]

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 Muskingum County
Maps are available for inspection at 401 Main Street, Zanesville, OH 43701.

Village of Dresden
Maps are available for inspection at 904 Chestnut Street, Dresden, OH 43821.

Village of Frazeysburg
Maps are available for inspection at 7 West Second Street, Frazeysburg, OH 43822.

Village of Philo
Maps are available for inspection at 300 Main Street, Philo, OH 43771.
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Macon County, Tennessee, and Incorporated Areas
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Salt Lick Creek..................... Approximately 1,965 None +778 Unincorporated Areas of
feet upstream of State Macon County.
Highway 151.
Approximately 1,624 None +778
feet upstream of State
Highway 151.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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 Macon County
Maps are available for inspection at 201 County Courthouse, Lafayette, TN 37083.
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Ector County, Texas, and Incorporated Areas
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Flooding Effects of Eastside Channel Just downstream of the None +2887 Unincorporated Areas of
and its Split Flow. Pacific Union Railroad. Ector County, City of
Odessa.
Just downstream of None +2906
Pueblo Avenue.
Approximately 200 feet None +2912
upstream of the
intersection of Custer
Avenue and Eastside
Channel.
Flooding Effects of Monahans Draw... Just upstream of None +2842 Unincorporated Areas of
Grandview Road. Ector County.
Just upstream of South None +2878
Crane Avenue.
Just upstream of West None +2884
County Road.
Just upstream of None +3009
Westcliff Drive.
Just upstream of State None +3043
Highway 866.
Flooding effects of Far East Channel At the confluence of None +2857 Unincorporated Areas of
and its subsidiary channels. East Side Channel. Ector County, City of
Odessa.
Approximately 450 feet None +2899
upstream of the
intersection of
Caliche Road.
Just upstream of Maple None +2907
Avenue.
Flooding effects of West Side At the confluence of None +2896 City of Odessa.
Drainage Channel. Monahans Draw.
Just upstream of West None +2909
16th Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

[[Page 24757]]

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 Odessa
Maps are available for inspection at 411 West 8th Street, Odessa, TX 79761.

Unincorporated Areas of Ector County
Maps are available for inspection at 521 North Texas Street, Odessa, TX 79761.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: May 14, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-12105 Filed 5-22-09; 8:45 am]

BILLING CODE 9110-12-P