Federal Register: PROPOSED RULES [44 CFR Part 67]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-1003]

NOTICE: PROPOSED RULES

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before December 8, 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 52231]]
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation ** ground Effective Modified Hunterdon County, New Jersey, and Incorporated Areas Back Brook.......................... Upstream of Van Lieu's +117 +119 Township of East Rd. Amwell. Upstream of Route 179.. +193 +195 First Neshanic River................ Downstream of U.S. +147 +148 Township of Raritan. Route 202.
Upstream of Railroad... +154 +160 Holland Brook....................... Downstream of Hillcrest/ +99 +101 Township of Readington. Centerville Rd.
Upstream of Holland +148 +148 Brook Rd.
Neshanic River...................... Downstream of Rainbow +106 +104 Township of East Hill Rd. Amwell. Downstream of Old York +120 +125 Rd.
Neshanic River...................... Upstream of Everitt Rd. +123 +128 Township of Raritan. Downstream of Kuhl Rd.. +135 +137 Second Neshanic River............... Upstream of U.S. Route +141 +143 Township of Raritan. 202.
Upstream of Joanna Farm +171 +172 Rd.
South Branch Raritan River.......... Downstream of Old York +97 +97 Township of Raritan. Rd.
Downstream of Railroad. +106 +107 South Branch Raritan River.......... Upstream of +92 +92 Township of Readington. Higginsville Rd.
Downstream of +104 +104 Rockafellows Mills Rd. Third Neshanic River................ Downstream of U.S. +137 +140 Township of Raritan. Route 202.
Upstream of Everitt Rd. +149 +152 Walnut Brook........................ Upstream of Railroad... +154 +160 Township of Raritan. Upstream of Mine Rd.... +189 +191 Walnut Brook........................ Upstream of Corporate +167 +170 Borough of Flemington. Limits.
Upstream State Route 12 +179 +180 * 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 Borough of Flemington
Maps are available for inspection at Borough Hall, 38 Park Avenue, Flemington, NJ 08822. Township of East Amwell
Maps are available for inspection at Municipal Building, 1070 Route 202/31, Ringoes, NJ 085511051. Township of Raritan
Maps are available for inspection at Municipal Building, One Municipal Drive, Flemington, NJ 08822. Township of Readington
Maps are available for inspection at Municipal Building, 509 Route 523, Whitehouse Station, NJ 08889. Transylvania County, North Carolina, and Incorporated Areas Allison Creek....................... Approximately 450 feet +2115 +2116 Unincorporated Areas of upstream of the Transylvania County, confluence with Lamb City of Brevard. Creek.
Approximately 1,100 +2189 +2187 feet upstream of Camp Straus Road.
Davidson River Tributary 1.......... At the confluence with +2108 +2109 Unincorporated Areas of Davidson River. Transylvania County, City of Brevard. Approximately 1,440 +2138 +2144 feet upstream of
Ecusta Road.
Lime Kiln Creek..................... Approximately 0.6 mile +2149 +2150 Unincorporated Areas of upstream of the Transylvania County. confluence with French Broad River.
Approximately 750 feet +2211 +2213 upstream of Ross Road (State Road 1334).
Mason Creek......................... Approximately 50 feet +2158 +2159 Unincorporated Areas of upstream of Whitmire Transylvania County. Road (State Road 1128). Approximately 0.4 mile +2209 +2227 upstream of
Cherryfield Loop
(State Road 1392).
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[[Page 52232]]
** 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 Brevard
Maps are available for inspection at City of Brevard Planning Department, 95 West Main Street, Brevard, NC. Unincorporated Areas of Transylvania County Maps are available for inspection at Transylvania County Inspections Department, 98 East Morgan Street, Brevard, NC.
Crockett County, Tennessee, and Incorporated Areas South Fork of Forked Deer River..... At the Crockett/Madison/ None +319 Unincorporated Areas of Haywood county Crockett County. boundary.
Approximately 1,365 None +324 feet upstream of the confluence with
Connley Creek (At the Crockett/Madison
county boundary).
* 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 Unincorporated Areas of Crockett County Maps are available for inspection at 1 S. Bell Street, Courthouse, Alamo, TN 38001. Dickson County, Tennessee, and Incorporated Areas East Piney River.................... At the confluence of None +584 Unincorporated Areas of Piney River. Dickson County, City of Dickson. Approximately 3,400 None +696 feet upstream of the confluence of Willow Branch.
Fivemile Creek...................... Approximately 2,700 None +548 Unincorporated Areas of feet downstream of Dickson County, Town County Highway 1847. of White Bluff. Approximately 3,370 None +584 feet upstream of
County Highway 1847. Piney River......................... At the confluence with None +584 Unincorporated Areas of East Piney River. Dickson County. Approximately 200 feet None +629 upstream of County
Road 1858.
* 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 Dickson
Maps are available for inspection at Director of Planning and Zoning, 200 Center Avenue, Dickson, TN 37055. Town of White Bluff
Maps are available for inspection at 1016 Taylor Town Road, White Bluff, TN 37187. Unincorporated Areas of Dickson County Maps are available for inspection at Director of Planning and Zoning, 2 Court Square, Charlotte, TN 37036. [[Page 52233]]
Humphreys County, Tennessee, and Incorporated Areas Kentucky Lake (Tennessee River)..... At the Humphreys/Perry/ None +375 Humphreys County, City Benton county boundary. of New Johnsonville. At the Humphreys/ None +375 Houston/Benton county boundary.
* 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 New Johnsonville
Maps are available for inspection at City Hall, 323 Long Street, New Johnsonville, TN 37134. Humphreys County
Maps are available for inspection at Chamber of Commerce, 124 E. Main Street, Waverly, TN 37185. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: August 26, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E820822 Filed 9808; 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.