Federal Register: September 3, 2008 (Volume 73, Number 171)

DOCID: fr03se08-20 FR Doc E8-20304

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-1002]

NOTICE: PROPOSED RULES

DOCID: fr03se08-20

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY:

Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before December 2, 2008.

DOCUMENT 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.

SUMMARY:

Proposed Flood Elevation Determinations,

SUPPLEMENTAL 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:
[[Page 51401]]
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Depth in State City/town/county Source of flooding Location** feet above ground [caret] Elevation in Local Tidal Datum Existing Modified Unincorporated Areas of Maui County, Hawaii Hawaii......................... Unincorporated Kaluaihakoko Approximately 25 None [caret]3 Areas of Maui Stream. feet upstream of County. confluence with Pacific Ocean. Approximately 500 None [caret]13 feet upstream of 8 Piilani Highway. Hawaii......................... Unincorporated Kamaole Gulch..... Approximately 90 None [caret]6 Areas of Maui feet upstream of County. confluence with Pacific Ocean. Approximately 325 None [caret]12 feet upstream of 0 Piilani Highway. Hawaii......................... Unincorporated Waikapu Stream.... Approximately 255 None [caret]19 Areas of Maui feet downstream 1 County. of Kuihelani Highway. Approximately 1.6 None [caret]78 miles upstream 1 of Honoapiilani Highway. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Local Tidal Datum.
** 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 Maui County Maps are available for inspection at Maui County Planning Department, 250 South High Street, 2nd Floor, Wailuku, HI.
City of Norfolk, Virginia Virginia....................... City of Norfolk... Chesapeake Bay.... Approximately 320 +7.6 +9.1 feet north of the intersection of Ocean Avenue and 20th Street. Virginia....................... City of Norfolk... Eastern Branch Approximately 500 +8.1 +9.1 Elizabeth River. feet southwest of Atlantic Street and Waterfront Avenue. Virginia....................... City of Norfolk... Elizabeth River... Approximately +7.6 +9.1 1650 feet west of the intersection of Redgate Avenue and Norfolk Southern Railroad Yard Access Road. Approximately at +7.6 +9.1 the waterfront edge of the Norfolk and Southern Railyard. * 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 Norfolk
Maps are available for inspection at 400 Granby Street, Norfolk, VA 23510. * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation ** ground Effective Modified St. Clair County, Illinois, and Incorporated Areas Catawba Creek....................... At confluence with +497 +493 City of Belleville. Richland Creek.
Approximately 570 feet +497 +496 downstream of Catawba Avenue.
[[Page 51402]]
Douglas Creek....................... At confluence with +433 +432 Unincorporated Areas of Richland Creek. St. Clair County. Approximately 600 feet +433 +432 upstream of confluence with Richland Creek. Kaskaskia River..................... At County Boundary with +395 +392 Unincorporated Areas of Randolph County. St. Clair County, Village of New Athens. Approximately 8,000 +395 +394 feet upstream of
Illinois Central
Railroad.
Little Silver Creek................. At confluence with +429 +428 Unincorporated Areas of Silver Creek. St. Clair County. Approximately 7,900 +432 +431 feet upstream of
Interstate Highway 62 Westbound.
Mississippi River................... Approximately 7,390 None +420 City of Centreville, feet downstream of City of East St. Southern County Louis, Unincorporated Boundary with Monroe Areas of St. Clair County. County, Village of Alorton, Village of Brooklyn, Village of Cahokia, Village of Caseyville, Village of Dupo, Village of East Carondelet, Village of Fairmont City, Village of Sauget, Village of Washington Park. Approximately 4,435 None +429 feet upstream of
Northern County
Boundary with Madison County.
Northwest Tributary to Ogles Creek.. At confluence with +534 +531 City of Ofallon. Unnamed Tributary to Ogles Creek.
Approximately 110 feet +534 +533 upstream of the
confluence with
Unnamed Tributary to Ogles Creek.
Prairie Du Pont Diversion Channel... At confluence with +423 +422 Unincorporated Areas of Mississippi River. St. Clair County. Approximately 1,200 +423 +422 feet upstream of
confluence with
Mississippi River.
Richland Creek...................... Approximately 3,000 +450 +449 City of Belleville, feet downstream of City of Ofallon, SchluetterGermaine Unincorporated Areas Road. of St. Clair County, Village of Shiloh, Village of Smithton, Village of Swansea. Approximately 1,090 None +530 feet upstream of North Green Mount Road.
Silver Creek........................ At confluence with +395 +394 Unincorporated Areas of Kaskaskia River. St. Clair County. Approximately 250 feet +395 +394 downstream of Five
Forks Road.
Wolf Branch......................... At confluence with +500 +496 Village of Swansea. Richland Creek.
Approximately 30 feet +500 +499 downstream of Morgan Street.
* 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 Belleville
Maps are available for inspection at City Hall, Department of Economic Development and Planning, 101 South Illinois Street, Belleville, IL 62220.
City of Centreville
Maps are available for inspection at City Hall, 5800 Bond Avenue, Centreville, IL 62207. City of East St. Louis
Maps are available for inspection at City Hall, 301 River Park Drive, East St. Louis, IL 62201. [[Page 51403]]
City of Ofallon
Maps are available for inspection at City Hall, 255 South Lincoln Street, O'Fallon, IL 62269. Unincorporated Areas of St. Clair County Maps are available for inspection at County Courthouse, 10 Public Square, 2nd Floor, Belleville, IL 62220.
Village of Alorton
Maps are available for inspection at Village Hall, 4821 Bond Avenue, Alorton, IL 62207. Village of Brooklyn
Maps are available for inspection at Village Hall, 312 South Fifth Street, Lovejoy, IL 62059. Village of Cahokia
Maps are available for inspection at Village of Cahokia Annex Building, Department of Code Enforcement, 201 West Fourth Street, Cahokia, IL 62206.
Village of Caseyville
Maps are available for inspection at Village Hall, 909 South Main Street, Caseyville, IL 62232. Village of Dupo
Maps are available for inspection at Village Hall, 100 North Second Street, Dupo, IL 62239. Village of East Carondelet
Maps are available for inspection at Village Hall, 950 State Street, East Carondelet, IL 62240. Village of Fairmont City
Maps are available for inspection at Village Hall, 2601 North 41st Street, Fairmont City, IL 62201. Village of New Athens
Maps are available for inspection at Village Hall, 905 Spotsylvania Avenue, New Athens, IL 62264. Village of Sauget
Maps are available for inspection at Village Hall, 2897 Falling Springs Road, Sauget, IL 62206. Village of Shiloh
Maps are available for inspection at Village Hall, 1 Park Drive, Shiloh, IL 62269. Village of Smithton
Maps are available for inspection at Village Hall, 101 South Main Street, Smithton, IL 62285. Village of Swansea
Maps are available for inspection at Government Center, 1400 North Illinois Street, Swansea, IL 62226. Village of Washington Park
Maps are available for inspection at Village Hall, 5218 North Park Drive, Washington Park, IL 62204. Allen County, Kansas, and Incorporated Areas Coon Creek.......................... Approximately 0.60 mile +955 +954 City of Iola, downstream of Highway Unincorporated Areas 54. of Allen County. Approximately 115 feet +990 +988 upstream of North
Kentucky Street.
* 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 Iola
Maps are available for inspection at 2 West Jackson, Iola, KS 66749. Unincorporated Areas of Allen County Maps are available for inspection at 1 North Washington, Iola, KS 66749. Van Buren County, Michigan, and Incorporated Areas Maple Creek......................... Approximately 0.4 mile None +645 Township of Bangor. upstream of Ollie
Hosier Drive.
Approximately 800 feet None +648 downstream of 34th
Avenue.
South Branch Black River............ Approximately 900 feet None +585 City of South Haven. upstream of KalHaven Trail.
Downstream side of 71\1/ None +585 2\ Street.
* National Geodetic Vertical Datum.
[[Page 51404]]
+ 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 Haven
Maps are available for inspection at 539 Phoenix Street, South Haven, MI 49090. Township of Bangor
Maps are available for inspection at 32550 CR 687, Bangor, MI 49013. Onondaga County, New York, and Incorporated Areas Harbor Brook........................ Approximately 300 feet +371 +372 City of Syracuse, Town upstream of the of Geddes, Town of confluence with Onondaga. Onondaga Lake.
Approximately 860 feet +781 +782 upstream of State
Route 173.
Limestone Creek..................... Approximately 2,990 +398 +399 Town of Manlius, feet upstream of North Village of Manlius Road. Fayetteville, Village of Manlius, Village of Minoa. Approximately 160 feet +724 +725 upstream of Pompey
Center Road.
Meadow Brook........................ Confluence with Old +431 +429 City of Syracuse, Town Erie Canal Feeder. of Dewitt. Approximately 220 feet +544 +541 downstream of Meadow Brook Drive.
Ninemile Creek...................... Approximately 2,150 +372 +371 Town of Geddes, Town of feet upstream of the Camillus, Town of confluence with Marcellus, Village of Onondaga Lake. Camillus, Village of Marcellus. Approximately 350 feet None +781 upstream of Otisco
Valley Road.
Onondaga Creek...................... Just upstream of Bear None +371 City of Syracuse, Town Street. of Onondaga. Approximately 1.1 miles +432 +431 upstream of Dorwin
Avenue.
Skaneateles Creek................... Approximately 1.4 miles +387 +385 Town of Elbridge, Town downstream of of Skaneateles, Interstate 90. Village of Elbridge, Village of Jordan, Village of Skaneateles. Approximately 960 feet +859 +860 upstream of Kelley
Street.
* 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 Syracuse
Maps are available for inspection at City Hall, Syracuse, NY 13202. Town of Camillus
Maps are available for inspection at 4600 West Genesee Street, Municipal Building, Syracuse, NY 13219. Town of Dewitt
Maps are available for inspection at Town Hall, 5400 Butternut Drive, East Syracuse, NY 13057. Town of Elbridge
Maps are available for inspection at Town of Elbridge Municipal Building, Jordan, NY 13080. Town of Geddes
Maps are available for inspection at Town Hall, 1000 Woods Road, Solvay, NY 13209. [[Page 51405]]
Town of Manlius
Maps are available for inspection at 301 Brooklea Drive, Fayetteville, NY 13066. Town of Marcellus
Maps are available for inspection at Town Hall, 24 East Main Street, Marcellus, NY 13108. Town of Onondaga
Maps are available for inspection at Town Offices, 4801 West Seneca Turnpike, Syracuse, NY 13215. Town of Skaneateles
Maps are available for inspection at Town Offices, 24 Jordan Street, Skaneateles, NY 13152. Village of Camillus
Maps are available for inspection at Village Hall, 37 Main Street, Camillus, NY 13031. Village of Elbridge
Maps are available for inspection at 210 West Main Street, Elbridge, NY 13060. Village of Fayetteville
Maps are available for inspection at 425 East Genesee Street, Fayetteville, NY 13066. Village of Jordan
Maps are available for inspection at 7 Mechanis Street, Jordan, NY 13080. Village of Manlius
Maps are available for inspection at 1 Arkie Albanese Avenue, Manlius, NY 13104. Village of Marcellus
Maps are available for inspection at 6 Slocumbe Avenue, Marcellus, NY 13108. Village of Minoa
Maps are available for inspection at 213 Osborne Street, Minoa, NY 13116. Village of Skaneateles
Maps are available for inspection at 46 East Genesee Street, Skaneateles, NY 13152. Caldwell County, North Carolina, and Incorporated Areas Angley Creek........................ Approximately 300 feet None +1178 Unincorporated Areas of upstream of the Caldwell County, City confluence with of Lenoir, Town of Gunpowder Creek. Hudson. Approximately 600 feet None +1252 upstream of Southeast Starcross Road.
Gunpowder Creek..................... At the confluence with None +936 Unincorporated Areas of Catawba River. Caldwell County, City of Lenoir, Town of Granite Falls, Town of Hudson. Approximately 700 feet None +1321 upstream of Southeast Applegate Court.
Lower Creek......................... At the Burke/Caldwell None +1026 Unincorporated Areas of County boundary. Caldwell County, City of Lenoir, Town of Gamewell. Approximately 1,900 +1130 +1131 feet upstream of Cedar Rock Circle (State
Road 1706).
Zacks Fork Branch................... At the confluence with +1106 +1104 City of Lenoir. Zacks Fork Creek.
Approximately 1,350 +1106 +1105 feet upstream of the confluence with Zacks Fork Creek.
* 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 Lenoir
Maps are available for inspection at Lenoir City Hall, 801 West Avenue Northwest, 3rd Floor, Lenoir, NC. Town of Gamewell
Maps are available for inspection at Gamewell Town Hall, 2750 Old Morganton Road, Lenoir, NC 28645. Town of Granite Falls
Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, NC. [[Page 51406]]
Town of Hudson
Maps are available for inspection at Hudson Town Hall, 550 Central Street, Hudson, NC. Unincorporated Areas of Caldwell County Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: August 22, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E820304 Filed 9208; 8:45 am]
BILLING CODE 911012P

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) 6463151, or (email) bill.blanton@dhs.gov.