Federal Register: March 25, 2009 (Volume , Number )

DOCID: fr25mr09-61 FR Doc E9-6694

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-1038]

NOTICE: PROPOSED RULES

DOCID: fr25mr09-61

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. [[Page 12800]]

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) Depth in feet above State City/town/county Source of flooding Location** ground [caret] Elevation in meters (MSL) Existing Modified Prairie Island Indian Community, Minnesota Minnesota............................ Prairie Island Indian Mississippi River........................ Located at the Goodhue/Wabasha County Line................ +682 +681 Community.
Located at the Goodhue/Dakota County Line................. +690 +688 * 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 Prairie Island Indian Community
Maps are available for inspection at the Administration Building, 5636 Sturgeon Lake Road, Welch, MN 55089. * Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced Depth in feet above Flooding source(s) elevation** ground [caret] Elevation Communities affected in meters (MSL) Effective Modified New Haven County, Connecticut, and Incorporated Areas Coguinchaug River................... At county boundary..... None +199 Town of Guilford. Approximately 25 feet None +199 upstream of county
boundary.
Farm River.......................... At a point located +11 +10 Town of Branford, Town approximately 700 feet of East Haven. downstream of West
Main Street (U.S.
Route 1).
At Mouth of Farm River. +14 +15 Hoadley Creek....................... Approximately 700 feet None +10 Town of Branford. upstream of State
Route 146.
Approximately 800 feet None +10 upstream of State
Route 146.
Housatonic River.................... Approximately 1.7 miles +15 +14 City of Milford. upstream of Merritt
Parkway.
Approximately 2.2 miles +16 +14 upstream of Merritt
Parkway.
Mad River (Lower Reach)............. Approximately 73 feet None +461 City of Waterbury. upstream of Sharon
Road.
Approximately 800 feet None +461 upstream of Sharon
Road.
Muddy River Tributary C............. Approximately 528 feet None +80 Town of North Haven. downstream of State
Route 22.
Approximately 328 feet None +81 downstream of State
Route 22.
Naugatuck River..................... Approximately 0.65 mile +44 +40 Town of Seymour. downstream of
Kinneytown Dam.
Approximately 0.53 mile +44 +43 downstream of
Kinneytown Dam.
Neck River.......................... Just upstream of Goulds None +76 Town of Guilford. Pond Dam.
Approximately 0.8 mile None +143 upstream of Blinn Shed Road.
Quinnipiac River.................... At confluence of +20 +21 Town of North Haven. Wharton Brook.
[[Page 12801]]
Just downstream of +22 +23 Toelles Road.
Wharton Brook....................... At confluence with +20 +21 Town of North Haven. Quinnipiac River.
Approximately 500 feet +20 +21 upstream of the
confluence with
Quinnipiac River.
Willow Brook........................ Approximately 400 feet +113 +114 Town of Hamden. upstream of the
confluence with Mill River.
At Mount Sanford Road.. None +125 * 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 Milford
Maps are available for inspection at City of Milford Planning and Zoning Office, 70 West River Street, Milford, CT.
City of Waterbury
Maps are available for inspection at City of Waterbury Public Works Department, 26 Kendrick Avenue, 2nd Floor, Waterbury, CT.
Town of Branford
Maps are available for inspection at Branford Town Hall, 1019 Main Street, Branford, CT. Town of East Haven
Maps are available for inspection at Town of East Haven Engineering Office, 461 North High Street, East Haven, CT.
Town of Guilford
Maps are available for inspection at Guilford Town Hall South, 50 Boston Street, Guilford, CT. Town of Hamden
Maps are available for inspection at Town of Hamden Planning and Zoning Department, 2750 Dixwell Avenue, Hamden, CT.
Town of North Haven
Maps are available for inspection at North Haven Town Hall Annex, 18 Church Street, North Haven, CT. Town of Seymour
Maps are available for inspection at Seymour Town Hall, 1 First Street, Seymour, CT. * Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced Depth in feet above Flooding source(s) elevation** ground [caret] Elevation Communities affected in meters (MSL) Effective Modified Monroe County, Kentucky, and Incorporated Areas Cumberland River.................... Approximately 5200 feet None +518 Unincorporated Areas of downstream confluence Monroe County. with McFarland Creek. At confluence with None +536 Glasscock Creek.
* 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. [[Page 12802]]
ADDRESSES Unincorporated Areas of Monroe County Maps are available for inspection at 200 North Main Street, Tompkinsville, KY 42167. Evangeline Parish, Louisiana, and Incorporated Areas Bayou Barwick Tributary............. At the intersection of None +44 Unincorporated Areas of Bayou Barwick Evangeline Parish. Tributary and Stagg
Road.
At the intersection of None +44 ....................... Bayou Barwick
Tributary and Highway 190.
Bayou Joe Marcel Tributary 1. Bayou Joe Marcel
Tributary 1
and Alton Locks Street. At the intersection of None +67 Bayou Joe Marcel
Tributary 1
and Te Mamou Road.
Bayou Joe Marcel Tributary 2. upstream of the
intersection of Bayou Joe Marcel Tributary 2 and Main
Street. Base Flood
Elevations extend to Bayou Joe Marcel
Tributary 3. At the intersection of None +74 Bayou Joe Marcel
Tributary 2
and Ortego Street.
Base Flood Elevations extend to Bayou Joe
Marcel Tributary
3.
Bayou Joe Marcel Tributary 3. downstream of the
intersection of Bayou Joe Marcel Tributary 3 and Reed
Street. Base Flood
Elevations extend to Bayou Joe Marcel
Tributary 2. Approximately 197 feet +72 +74 downstream of the
intersection of Bayou Joe Marcel Tributary 3 and Reed
Street. Base Flood
Elevations extend to Bayou Joe Marcel
Tributary 2. * 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 Town of Ville Platte
Maps are available for inspection at P.O. Box 390, Ville Platte, LA 70586. Unincorporated Areas of Evangeline Parish Maps are available for inspection at 200 Court Street, Ste 207, Ville Platte, LA 70586. Marion County, Missouri, and Incorporated Areas Bear Creek.......................... 3,930 Feet Downstream None +562 Unincorporated Areas of of County Road 418. Marion County. U.S. Highway 36........ None +583 Minnow Branch....................... Munger Lane............ +587 +589 City of Hannibal, Unincorporated Areas of Marion County. Veterans Road.......... None +685 Mississippi River................... 2.175 Miles Downstream +477 +476 Unincorporated Areas of of the Confluence of Marion County, City of Bear Creek. Hannibal. Confluence of Bear +475 +477 Creek.
U.S. Highway 24........ +488 +487 St. Clair Creek..................... 2,150 Feet Downstream +567 +568 Unincorporated Areas of of Veterans Road. Marion County, City of Hannibal. 400 Feet Upstream of None +652 Highway MM.
* National Geodetic Vertical Datum.
[[Page 12803]]
+ 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 Hannibal
Maps are available for inspection at 320 Broadway, Hannibal, MO 63401 Unincorporated Areas of Marion County Maps are available for inspection at 100 South Main Street, Palmyra, MO 63461. Saunders County, Nebraska, and Incorporated Areas Cottonwood Creek.................... 2,000 feet upstream of +1315 +1313 Unincorporated Areas of County Road Q. Saunders County, Village of Prague. Just upstream of +1333 +1332 Railroad Avenue.
Just upstream of State +1344 +1335 Highway 79.
Platte River (with levee)........... Just upstream of U.S. +1066 +1064 Unincorporated Areas of Highway 6. Saunders County, Village of Leshara, Village of Morse Bluff. Just upstream of State +1157 +1159 Highway 64.
At State Highway 79.... +1273 +1277 Platte River (without levee)........ Just upstream of U.S. +1066 +1064 Unincorporated Areas of Highway 6. Saunders County, Village of Leshara, Village of Morse Bluff. Just upstream of State +1157 +1154 Highway 64.
At State Highway 79.... +1273 +1277 * 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 Unincorporated Areas of Saunders County Maps are available for inspection at Courthouse, 433 North Chestnut, Wahoo, NE 68066. Village of Leshara
Maps are available for inspection at Village Hall, 210 Summit Street, Leshara, NE 68064. Village of Morse Bluff
Maps are available for inspection at Village Hall, 440 2nd Street, Morse Bluff, NE 68648. Village of Prague
Maps are available for inspection at Village Hall, 401 West Center Avenue, Prague, NE 68050. [[Page 12804]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: February 11, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E96694 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.