Federal Register: March 25, 2009 (Volume , Number )
DOCID: fr25mr09-62 FR Doc E9-6678
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1037]
NOTICE: PROPOSED RULES
DOCID: fr25mr09-62
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before June 23, 2009.
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.
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)
Eleventh Street.
[[Page 12805]]
Big Duck Creek...................... At South P Street...... None +843 City of Elwood,
Unincorporated Areas
of Madison County.
Approximately 1,700 None +856
feet upstream of North 20th Street.
Boland Ditch........................ Approximately 700 feet None +872 City of Anderson. downstream of
Meadowbrook Parkway.
Approximately 4,190 None +881
feet upstream of Main Street.
Fall Creek.......................... Approximately 630 feet None +821 Unincorporated Areas of
downstream of Madison County. Reformatory Road.
Approximately 9,980 None +862
feet upstream of State Route 67.
Foster Branch....................... Approximately 2,060 None +816 Unincorporated Areas of
feet downstream of Madison County, Town
Fall Creek Road. of Ingalls, Town of
Pendleton.
Approximately 240 feet None +860
upstream of Old State Road 132.
Pipe Creek.......................... Approximately 1,425 None +820 City of Alexandria,
feet downstream of Unincorporated Areas
Conrail Railroad. of Madison County.
Approximately 2,690 None +857 feet upstream of
Washington Street.
Prairie Creek....................... Approximately 2,460 None +851 Unincorporated Areas of
feet upstream of State Madison County. Route 67.
Approximately 4,460 None +851
feet upstream of State Route 67.
West Fork White River............... At State Route 13 North None +805 City of Anderson, River
Forest, Town of
Chesterfield, Town of
Country Club Heights,
Town of Woodlawn
Height, Unincorporated
Areas of Madison
County.
At North 500 East/ None +872
County Line Road/South 1000 West.
* 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 Alexandria
Maps are available for inspection at City of Alexandria Office, 125 North Wayne Street, Alexandria, IN 46001. City of Anderson
Maps are available for inspection at City Building, 120 E. 8th Street, Anderson, IN 46016. City of Elwood
Maps are available for inspection at City Hall, 1505 South B Street, Elwood, IN 46036. River Forest
Maps are available for inspection at 53 River Forest, Anderson, IN 46011. Town of Chesterfield
Maps are available for inspection at Chesterfield Government Center, 17 Veterans Boulevard, Chesterfield, IN 46017.
Town of Country Club Heights
Maps are available for inspection at 1202 North Madison Avenue, Anderson, IN 46011. Town of Ingalls
Maps are available for inspection at Ingalls Town Center, 247 Meridian Street, Ingalls, IN 46048. Town of Pendleton
Maps are available for inspection at Pendleton Town Halll, 100 West State Street, Pendleton, IN 46064. Town of Woodlawn Height
Maps are available for inspection at 1301 Van Buskirk Road, Anderson, IN 46011.
Unincorporated Areas of Madison County
Maps are available for inspection at Madison County Government Center, 16 East 9th Street, Room 200, Anderson, IN 46018.
[[Page 12806]]
Livingston County, Kentucky and Incorporated Areas
Kentucky Lake....................... Approximately 1500 feet None +375 Unincorporated Areas of
downstream of Barkley Livingston County,
Canal. City of Grand Rivers.
Just upstream of None +375 Kentucky Dam.
Lake Barkley........................ Just upstream of None +375 Unincorporated Areas of
Barkley Dam. Livingston County,
City of Grand Rivers.
2300 feet downstream of None +375 Barkley Canal.
Ohio River.......................... Just upstream of the None +340 Unincorporated Areas of
confluence with Livingston County,
Tennessee River. City of Carrsville,
City of Smithland.
Approximately 3500 feet None +356 upstream of the
confluence with Deer Creek.
Tennessee River..................... Approximately 5100 feet None +341 Unincorporated Areas of
downstream of the Livingston County.
confluence with Hodges Creek.
Just downstream of None +343 Kentucky 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 City of Carrsville
Maps are available for inspection at 1810 Fleet Street, Carrsville, KY 42081. City of Grand Rivers
Maps are available for inspection at 122 West Cumberland Avenue, Grand Rivers, KY 42045. City of Smithland
Maps are available for inspection at 310 Wilson Avenue, Smithland, KY 42081.
Unincorporated Areas of Livingston County
Maps are available for inspection at 339 Courthouse Drive, Smithland, KY 42081.
Claiborne County, Mississippi, and Incorporated Areas
Bayou Pierre........................ 30,000 Feet Downstream None +92 Unincorporated Areas of
of Anthony Road. Claiborne County.
8100 Feet Downstream of None +96 Anthony 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 Claiborne County
Maps are available for inspection at 410 Main Street, Port Gibson, MS 39150. [[Page 12807]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: February 6, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E96678 Filed 32409; 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.