[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12804-12807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6678]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1037]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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.

DATES: Comments are to be submitted on or before June 23, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community are available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1037, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
<a href="/cdn-cgi/l/email-protection#a8cac1c4c486cac4c9c6dcc7c6e8ccc0db86cfc7de"><span class="__cf_email__" data-cfemail="67050e0b0b49050b060913080927030f1449000811">[email protected]</span></a>.

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) 646-3151 or (e-mail) <a href="/cdn-cgi/l/email-protection#64060d08084a0608050a100b0a24000c174a030b12"><span class="__cf_email__" data-cfemail="6103080d0d4f030d000f150e0f210509124f060e17">[email protected]</span></a>.

SUPPLEMENTARY 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:

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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)  <greek-i>
         Flooding source(s)            Location of referenced    Depth in feet  above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Madison County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Alexandria Creek....................  Approximately 150 feet          +852         +853  City of Alexandria,
                                       upstream of confluence                             Unincorporated Areas
                                       with Pipe Creek.                                   of Madison County.
                                      Approximately 2,100             None         +861
                                       feet upstream of
                                       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.
<greek-i> Depth in feet above ground.
** 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.
<greek-i> Depth in feet above ground.
** 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.
<greek-i> Depth in feet above ground.
 
** 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. E9-6678 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P


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