Federal Register: September 30, 2008 (Volume 73, Number 190)
DOCID: fr30se08-22 FR Doc E8-22981
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket No. FEMA-B-1009]
NOTICE: PROPOSED RULES
DOCID: fr30se08-22
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before December 29, 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 56780]]
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
BFE 558 is at a point of 27,805 feet upstream of the None +558
confluence of Shoal Creek and Butler Creek.
Alabama........................ Unincorporated Tennessee River BFE 432 is at a point of 5,270 feet upstream of the +431 +432
Areas of (Navigation intersection of the Tennessee River and O'Neal
Lauderdale County. Channel). Bridge.
BFE 435 is at a point of 263 feet downstream of +431 +435
Wilson Dam. * National Geodetic Vertical Datum.
+ North American Vertical 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 Lauderdale County
Maps are available for inspection at 5100 Hwy 157 N, Florence, AL 35633.
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
At Cemetery Road....... None +319
Approximately 1,520 None +327 feet downstream of
Monitor Drive.
Approximately 760 feet None +341 upstream of Sultana
Drive.
Approximately 1,150 None +344 feet upstream of
Rochelle Road.
Turkey Creek Tributary No. 1........ Approximately 950 feet None +328 Unincorporated Areas of
downstream of W. Ben Hill County. Roanoke Drive.
Approximately 480 feet None +329 downstream of W.
Roanoke Drive.
Willacoochee River.................. Approximately 1,880 None +324 Unincorporated Areas of
feet downstream of Ben Hill County. Irwinville Highway.
Approximately 1,780 None +324 feet downstream of
Irwinville Highway.
Approximately 1,280 None +325 feet downstream of
Irwinville Highway.
Approximately 480 feet None +326 downstream of
Irwinville Highway.
* National Geodetic Vertical Datum.
+ North American Vertical 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 Ben Hill County
Maps are available for inspection at County Commissioners Office, 402A East Pine Street, Fitzgerald, GA 31750. [[Page 56781]]
Halifax County, Virginia, and Incorporated Areas
Reedy Creek......................... Approximately 1,400 None +331 Unincorporated Areas of
feet downstream of Ash Halifax County. Avenue.
At confluence with Dan None +331 River.
Rocky Branch........................ At confluence with None +331 Unincorporated Areas of
Reedy Creek. Halifax County.
Approximately 0.4 mile None +346
upstream of Eastover Road.
* National Geodetic Vertical Datum.
+ North American Vertical 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 Halifax County
Maps are available for inspection at Halifax County GIS Department, 134 South Main, Halifax, VA 24558.
Spokane County, Washington, and Incorporated Areas
Argonne Creek....................... Approximately 1,300 None +1922 Unincorporated Areas of
feet downstream of N Spokane County. Maringo Drive.
Approximately 600 feet None +1987
upstream of N Boeing Road.
Forker Draw......................... Approximately at N None +2065 Unincorporated Areas of
Progress Road. Spokane County, City
of Spokane Valley.
Approximately 70 feet None +2336 downstream of E
Bigelow Gulch Road.
* National Geodetic Vertical Datum.
+ North American Vertical 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 City of Spokane Valley
Maps are available for inspection at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 99206.
Unincorporated Areas of Spokane County
Maps are available for inspection at 808 W. Spokane Falls Blvd., Spokane, WA 99201.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: September 19, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E822981 Filed 92908; 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.