Federal Register: June 3, 2009 (Volume 74, Number 105)

DOCID: fr03jn09-22 FR Doc E9-12848

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-1056]

NOTICE: PROPOSED RULES

DOCID: fr03jn09-22

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY:

Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before September 1, 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:
* 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 Glenn County, California, and Incorporated Areas Butte Creek......................... Approximately 2,270 None +105 Unincorporated Areas of feet downstream of Glenn County. Aguas Frias Road.
Just upstream of Aguas None +108 ....................... Frias Road.
Butte Creek (outside of Levee)...... Approximately 3,230 None +97 Unincorporated Areas of feet downstream of Glenn County. Aguas Frias Road.
[[Page 26637]]
Just upstream of Aguas None +97 ....................... Frias Road.
* 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 Glenn County Maps are available for inspection at 777 North Colusa Street, Willows, CA 95988. San Luis Obispo County, California, and Incorporated Areas Santa Maria River................... Approximately 0.9 mile None +70 Unincorporated Areas of downstream of Cabrillo San Luis Obispo Highway. County. At the confluence with None +355 ....................... the Cuyama River.
* 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 San Luis Obispo County Maps are available for inspection at the San Luis Obispo County Government Center, 976 Osos Street, Room 207, San Luis Obispo, CA 93401.
Santa Barbara County, California, and Incorporated Areas Santa Maria River................... Approximately 400 feet None +70 City of Guadalupe, City upstream of Pioneer of Santa Maria, Street. Unincorporated Areas of Santa Barbara County. Approximately 450 feet None +367 ....................... downstream of Santa
Maria Mesa Road.
* 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 Guadalupe
Maps are available for inspection at Guadalupe City Hall, 918 Obispo Street, Guadalupe, CA 93434. City of Santa Maria
Maps are available for inspection at City of Santa Maria Public Works Department, 110 South Pine Street, Santa Maria, CA 93458.
Unincorporated Areas of Santa Barbara County Maps are available for inspection at Santa Barbara County Public Works Department, Water Resources Division, 123 East Anapamu Street, Santa Barbara, CA 93101.
[[Page 26638]]
Henderson County, Illinois, and Incorporated Areas Mississippi River Just downstream of Main +530 +531 Unincorporated Areas of Street in Lomax, IL Henderson County, extended Village of Gulfport, (approximately 395 Village of Lomax. miles upstream of the confluence with the
Ohio River).
Approximately 400 feet +533 +534 ....................... upstream of 1100N
extended
(approximately 403
miles upstream of the confluence with the
Ohio River).
* 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 Henderson County Maps are available for inspection at the Henderson County Courthouse, 307 Warren Street, Oquawka, IL 61469. Village of Gulfport
Maps are available for inspection at the Henderson County Courthouse, 307 Warren Street, Oquawka, IL 61469. Village of Lomax
Maps are available for inspection at the Lomax Village Hall, 861 Atchison Avenue, Lomax, IL 61454. Greene County, Missouri, and Incorporated Areas Galloway Creek...................... Just downstream of US +1155 +1154 City of Springfield. Highway 60 Access Ramp. Just upstream of East None +1301 ....................... Seminole Street.
Jordan Creek........................ Just downstream of West +1222 +1223 City of Springfield. Bennett Street.
Just upstream of North +1274 +1277 Washington Avenue.
Mount Pleasant Branch............... Approximately 65 feet +1183 +1186 City of Willard. upstream from Highway 160.
North Branch Jordan Creek........... Just downstream of East +1282 +1281 City of Springfield. Brower Street.
Just upstream of North None +1356 Yates Avenue.
North Fork Mount Pleasant Branch.... Just downstream of +1152 +1157 City of Willard. Highway 160.
Just upstream of +1153 +1160 Highway 160.
South Branch Jordan Creek........... Just downstream of +1276 +1283 City of Springfield. North Sherman Avenue. Just upstream of North +1329 +1330 Patterson Avenue.
South Creek......................... Just downstream of US +1159 +1162 City of Springfield, Highway 160/County Unincorporated Areas Highway FF. of Greene County. Just upstream of South +1305 +1307 Kickapoo Avenue.
Ward Branch......................... Just downstream of +1113 +1114 City of Springfield, South Farm Road 139/ Unincorporated Areas County Road 139. of Greene County. Just upstream of East None +1251 Independence Street. Yarbrough Creek..................... Just downstream of West None +1187 City of Springfield, Lakewood Street. Unincorporated Areas of Greene County. Just upstream of South +1233 +1212 Campbell Avenue/
Highway 100.
* 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 26639]]
ADDRESSES City of Springfield
Maps are available for inspection at 840 Boonville Avenue, Springfield, MO 65801. City of Willard
Maps are available for inspection at 224 West Jackson Street, Willard, MO 65781. Unincorporated Areas of Greene County Maps are available for inspection at 940 Boonville Avenue, Springfield, MO 65802. Trempealeau County, Wisconsin, and Incorporated Areas Beaver Creek........................ Approximately 330 feet None +680 Unincorporated Areas of downstream of State Trempealeau County. Highway 93.
Approximately 400 feet None +685 upstream of State
Highway 93.
Buffalo River....................... Approximately 575 feet None +855 City of Osseo, upstream of Chimney Unincorporated Areas Rock Road. of Trempealeau County, Village of Eleva, Village of Strum. Approximately 4,200 None +991 feet upstream of
County Highway R.
Lake Marinuka (Beaver Creek)........ Approximately 1,950 None +702 Unincorporated Areas of feet upstream of Main Trempealeau County. Street.
Approximately 3,400 None +702 feet upstream of Main Street.
Mississippi River................... At the corporate limits None +651 Village of Trempealeau, of Trempealeau County Unincorporated Areas with LaCrosse County. of Trempealeau County. At the corporate limits +658 +659 Unincorporated Areas of of Trempealeau County Trempealeau County. with Buffalo County. North Fork Beaver Creek............. Approximately 1,500 None +765 Unincorporated Areas of feet downstream of Trempealeau County. Bridge Street.
Approximately 1,330 None +766 feet downstream of
Bridge Street.
Rod and Gun Club Tributary.......... Approximately 560 feet None +950 City of Osseo. downstream of the
confluence with
Trempealeau River.
Just downstream of 5th None +951 Street.
South Fork Beaver Creek............. Approximately 1,860 None +765 Unincorporated Areas of feet downstream of Trempealeau County. South Main Street.
Approximately 420 feet None +767 upstream of South Main Street.
South Fork Buffalo River............ Approximately 700 feet None +961 Unincorporated Areas of downstream of County Trempealeau County. Highway B.
Approximately 625 feet None +961 downstream of County Highway B.
Trempealeau River................... Approximately 3.1 miles None +717 Unincorporated Areas of downstream of West Trempealeau County, Main Street. City of Arcadia, City of Blair, City of Independence, City of Whitehall. Approximately 4.15 None +861 miles upstream of
Spring Street.
Turton Creek........................ Approximately 100 feet +729 +730 City of Arcadia. upstream of Main
Street.
Approximately 1,175 +733 +734 feet downstream of Oak Street.
* 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 Arcadia
Maps are available for inspection at City Hall, 203 West Main Street, Arcadia, WI 54612. City of Blair
[[Page 26640]]
Maps are available for inspection at City Hall, 122 South Urberg Avenue, Blair, WI 54616. City of Independence
Maps are available for inspection at City Hall, 23688 Adams Street, Independence, WI 54747. City of Osseo
Maps are available for inspection at City Hall, 13712 Eighth Street, Osseo, WI 54758. City of Whitehall
Maps are available for inspection at City Hall, 18620 Hobson Street, Whitehall, WI 54773. Unincorporated Areas of Trempealeau County Maps are available for inspection at the Trempealeau County Courthouse, 36245 Main Street, Whitehall, WI 54773. Village of Eleva
Maps are available for inspection at the Village Hall, 25952 East Mondovi Street, Eleva, WI 54738. Village of Strum
Maps are available for inspection at the Village Hall, 202 South 5th Avenue, Strum, WI 54770. Village of Trempealeau
Maps are available for inspection at the Village Hall, 24455 3rd Street, Trempealeau, WI 54661. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: May 22, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E912848 Filed 6209; 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.