Federal Register: May 26, 2009 (Volume 74, Number 99)
DOCID: fr26my09-18 FR Doc E9-12105
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-1047]
NOTICE: PROPOSED RULES
DOCID: fr26my09-18
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before August 24, 2009.
DOCUMENT SUMMARY:
Comments are requested on the proposed Base (1% 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:
[[Page 24754]]
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Approximately 1,590 +1437 +1435 feet upstream of
Northeast 24th Street. * 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 North Newton
Maps are available for inspection at 2601 North Main Street, North Newton, KS 67117.
Dukes County, Massachusetts, and Incorporated Areas
Atlantic Ocean...................... Along the shoreline of +7 +11 Town of Chilmark. the Atlantic Ocean
between Gilberts Cove and Quenames Cove.
Atlantic Ocean...................... Along the shoreline of None +9 Town of Edgartown. the Atlantic Ocean
between Paqua Pond and Jobs Neck Pond.
Atlantic Ocean...................... Along the shoreline of None +9 Town of West Tisbury. the Atlantic Ocean
between Long Cove and Homer Road.
Vineyard Sound...................... Along the shoreline of +8 +9 Town of Aquinnah. Vineyard Sound
approximately 300 feet East of the
intersection of
Lobsterville Road and West Basin Road.
Vineyard Sound...................... Along the shoreline of None +12 Town of Oak Bluffs.
Vineyard Sound between
Farm Pond and Hamlin Pond.
Vineyard Sound...................... Along the shoreline of None +12 Town of Tisbury.
Vineyard Sound between Algonquin Avenue to
Yacht Club Lane.
* 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 Aquinnah
Maps are available for inspection at the Town Hall, 65 State Road, Aquinnah, MA 02535. Town of Chilmark
Maps are available for inspection at the Town Hall, 401 Middle Road, Chilmark, MA 02535. Town of Edgartown
Maps are available for inspection at the Town Hall, 70 Main Street, Edgartown, MA 02539. Town of Oak Bluffs
Maps are available for inspection at the Town Hall, 56 School Street, Oak Bluffs, MA 02557. Town of Tisbury
Maps are available for inspection at the Town Hall, 51 Spring Street, Vineyard Haven, MA 02568. Town of West Tisbury
Maps are available for inspection at the Town Hall, 1059 State Road, West Tisbury, MA 02575.
Kennebec County, Maine, and Incorporated Areas
China Lake.......................... Along the entire None +199 Town of Albion. shoreline.
China Lake.......................... Along the entire None +199 Town of Vassalboro. shoreline.
Kezar Brook......................... At the mouth of None +169 Town of Winthrop.
Cobboseecontee Lake. [[Page 24755]]
Just downstream of None +169 South Road.
* 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 Albion
Maps are available for inspection at the Town Office, 22 Main Street, Albion, ME 04910. Town of Vassalboro
Maps are available for inspection at the Town Hall, 682 Main Street, North Vassalboro, ME 04989. Town of Winthrop
Maps are available for inspection at the Town Hall, 17 Highland Avenue, Winthrop, ME 04364.
Pike County, Mississippi, and Incorporated Areas
Tangipahoa River.................... Approximately 0.68 None +233 Town of Osyka. miles downstream of
Highway 575.
Approximately 1,100 None +236 feet downstream of
Highway 575.
* 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 Osyka
Maps are available for inspection at 215 West Liberty Street, Osyka, MS 39648.
Muskingum County, Ohio, and Incorporated Areas
Moxahala Creek...................... Approximately 1,300 None +734 Unincorporated Areas of
feet downstream of Muskingum County. Ransbottom Road.
Approximately 500 feet None +735
downstream of East 1st Street.
Muskingum River..................... Approximately 0.4 mile +714 +718 Village of Dresden. downstream of E
Muskingum Avenue
(State Route 208).
At confluence with +716 +720 Wakatomika Creek.
Muskingum River..................... Approximately 0.6 mile None +683 Village of Philo. downstream of
confluence with Salt Creek.
Approximately 0.5 mile None +685
upstream of confluence with Salt Creek.
Wakatomika Creek.................... Approximately 0.5 mile +719 +720 Unincorporated Areas of
downstream of Main Muskingum County. Street.
Approximately 1,400 +719 +725 feet downstream of
Frazeysburg Road.
Wakatomika Creek.................... Approximately 0.6 mile None +745 Unincorporated Areas of
downstream of Shannon Muskingum County,
Road. Village of
Frazeysburg.
Just downstream of None +751 Canal Road.
Wakatomika Creek.................... Approximately 0.5 mile None +720 Village of Dresden. downstream of Main
Street.
Approximately 0.4 mile None +725 downstream of
Frazeysburg Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
[[Page 24756]]
** 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 Muskingum County
Maps are available for inspection at 401 Main Street, Zanesville, OH 43701. Village of Dresden
Maps are available for inspection at 904 Chestnut Street, Dresden, OH 43821. Village of Frazeysburg
Maps are available for inspection at 7 West Second Street, Frazeysburg, OH 43822. Village of Philo
Maps are available for inspection at 300 Main Street, Philo, OH 43771.
Macon County, Tennessee, and Incorporated Areas
Salt Lick Creek..................... Approximately 1,965 None +778 Unincorporated Areas of
feet upstream of State Macon County. Highway 151.
Approximately 1,624 None +778
feet upstream of State Highway 151.
* 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 Macon County
Maps are available for inspection at 201 County Courthouse, Lafayette, TN 37083.
Ector County, Texas, and Incorporated Areas
Flooding Effects of Eastside Channel Just downstream of the None +2887 Unincorporated Areas of
and its Split Flow. Pacific Union Railroad. Ector County, City of
Odessa.
Just downstream of None +2906 Pueblo Avenue.
Approximately 200 feet None +2912 upstream of the
intersection of Custer Avenue and Eastside
Channel.
Flooding Effects of Monahans Draw... Just upstream of None +2842 Unincorporated Areas of
Grandview Road. Ector County.
Just upstream of South None +2878 Crane Avenue.
Just upstream of West None +2884 County Road.
Just upstream of None +3009 Westcliff Drive.
Just upstream of State None +3043 Highway 866.
Flooding effects of Far East Channel At the confluence of None +2857 Unincorporated Areas of
and its subsidiary channels. East Side Channel. Ector County, City of
Odessa.
Approximately 450 feet None +2899 upstream of the
intersection of
Caliche Road.
Just upstream of Maple None +2907 Avenue.
Flooding effects of West Side At the confluence of None +2896 City of Odessa. Drainage Channel. Monahans Draw.
Just upstream of West None +2909 16th Street.
* 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. [[Page 24757]]
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 Odessa
Maps are available for inspection at 411 West 8th Street, Odessa, TX 79761.
Unincorporated Areas of Ector County
Maps are available for inspection at 521 North Texas Street, Odessa, TX 79761.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: May 14, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E912105 Filed 52209; 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.