Federal Register: March 25, 2009 (Volume , Number )
DOCID: fr25mr09-63 FR Doc E9-6711
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-1043]
NOTICE: PROPOSED RULES
DOCID: fr25mr09-63
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)
Approximately 1,500 None +568
feet upstream of the
confluence with Crow Creek.
[[Page 12808]]
Dale Hollow Lake (Obey River)....... Approximately 5,000 None +663 Cumberland County. feet downstream
confluence with
Hendricks Creek.
At the confluence with None +663 ....................... Illwill Creek.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Burkesville
Maps are available for inspection at 600 Courthouse Square, Burkesville, KY 42717. Cumberland County
Maps are available for inspection at 214 Upper River Street, Burkesville, KY 42717.
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Jefferson Davis Parish, Louisiana and Incorporated Areas
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Lake Arthur......................... From the shoreline of +6 +810 Town of Lake Arthur,
and including Lake Unincorporated Areas
Arthur North to 7th of Jefferson Davis
Street from the East Parish.
to the West border of the Town of Lake
Arthur.
Lake Charles........................ Covering an area +58 +711 Unincorporated Areas of
beginning at the Jefferson Davis
Southern Border with Parish. Cameron Parish,
proceeding North along
the Calcaceus Parish
border to West Niblett
Road, to the East to
State Route 99. From
State Route 99 below
State Route 380 to the
Town of Lake Charles border.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Lake Arthur
Maps are available for inspection at 102 Arthur Avenue, Lake Arthur, LA 70549.
Unincorporated Areas of Jefferson Davis Parish
Maps are available for inspection at 304 North State Street, Jennings, LA 70546.
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Laclede County, Missouri and Incorporated Areas
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Radio Tower Branch.................. Approximately 2,500 None +1166 City of Lebanon.
feet upstream from the confluence with
Goodwin Hallow.
Approximately 3,150 None +1170
feet upstream from the confluence with
Goodwin Hallow.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Lebanon
[[Page 12809]]
Maps are available for inspection at 400 S. Madison, Lebanon, MO 65536.
McDonald County, Missouri and Incorporated Areas
Beaver Branch....................... Just downstream of Main None +884 City of Anderson,
Street. Unincorporated Areas
of McDonald County.
Approximately 1.14 None +931 miles upstream from
Sellers Street.
Indian Creek........................ Approximately 1.15 None +868 City of Anderson,
miles downstream from Unincorporated Areas
the confluence of Wild of McDonald County. Creek.
Approximately 2.79 None +923 miles upstream from
Highway 71.
Sugar Tree Branch................... Just downstream of East None +888 City of Anderson,
Street. Unincorporated Areas
of McDonald County.
Approximately 1,785 None +948 feet upstream from
Highway F.
Wild Creek.......................... Approximately 700 feet None +878 City of Anderson,
downstream from Unincorporated Areas
Highway 59. of McDonald County.
Approximately 410 feet None +1002
upstream from Highway 76.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Anderson
Maps are available for inspection at 201 West Beaver Street, Anderson, MO 64831.
Unincorporated Areas of Mcdonald County
Maps are available for inspection at 602 Main Street, Pineville, MO 64856.
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Ross County, Ohio and Incorporated Areas
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Kinnikinnick Creek.................. 1,850 feet upstream None +645 Unincorporated Areas of
from the confluence of Ross County.
Kinnikinnick Creek and Scioto River.
11,050 feet upstream None +666 from confluence of
Kinnikinnick Creek and Scioto River.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Ross County
Maps are available for inspection at 15 N. Paint Street, Chillicothe, OH 45601.
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Nacogdoches County, Texas and Incorporated Areas
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Bayou La Nana....................... Approximately 1,246 None +248 Unincorporated Areas of
feet upstream of the Nacogdoches County.
confluence with Bayou La Nana and Egg Nog
Branch.
Approximately 523 feet None +255
downstream of Loop 224.
Bayou La Nana....................... Approximately 921 feet None +317 Unincorporated Areas of
upstream of Loop 224. Nacogdoches County,
City of Nacogdoches.
Just upstream of Old None +320 Post Oak Road.
[[Page 12810]]
Bonita Creek........................ Approximately 729 feet None +355 Unincorporated Areas of
upstream of Loop 224. Nacogdoches County,
City of Nacogdoches.
Just upstream of U.S. None +373 Highway 59.
Egg Nog Branch...................... Approximately 1,246 None +248 Unincorporated Areas of
feet upstream of the Nacogdoches County,
confluence with Egg City of Nacogdoches.
Nog Branch and Bayou La Nana.
Approximately 727 feet None +284
downstream of Loop 224.
Toliver Branch...................... Confluence of Bayou La None +317 Unincorporated Areas of
Nana and Toliver Nacogdoches County,
Branch. City of Nacogdoches.
Just upstream of Old None +320 Post Oak Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Nacogdoches
Maps are available for inspection at City Hall, 202 East pilar Street, Nacogdoches, TX 75963.
Unincorporated Areas of Nacogdoches County
Maps are available for inspection at 101 W. Main, Nacogdoches, TX 75961.
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Rusk County, Texas and Incorporated Areas
Unnamed Stream off of Turkey Creek.. At the confluence of None +329 City of Henderson. Turkey Creek and
Unnamed Stream.
Approximately 110 feet None +336 downstream from
Florence Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Henderson
Maps are available for inspection at Town Hall, 400 West Main Street, Henderson, TX 75652.
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Tom Green County, Texas and Incorporated Areas
Flooding Effects of Red Arroyo...... Just upstream of None +1900 City of San Angelo. Melrose Avenue.
Just downstream of None +1922 Burlington Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 12811]]
ADDRESSES City of San Angelo
Maps are available for inspection at PO BOX 1751, San Angelo, TX 76902.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: March 2, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E96711 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.