```

[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Proposed Rules]
[Pages 46851-46853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18526]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7798]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

-----------------------------------------------------------------------

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 November 10, 2008.

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-7798, 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) 
[email protected].

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) [email protected].

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.
    Administrative Procedure Act Statement. This matter is not a 
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 
553. FEMA publishes flood elevation determinations for notice and 
comment; however, they are governed by the Flood Disaster Protection 
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
    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) 
             State               City/town/county      Source of         Location **       Depth in feet above
                                                        flooding                                 ground
                                                                                       -------------------------
                                                                                          Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                        Town of Boxborough, Massachusetts
----------------------------------------------------------------------------------------------------------------
Massachusetts.................  Town of            Guggins Brook....  Approximately            +206         +207
                                 Boxborough.                           1,000 feet
                                                                       upstream of
                                                                       confluence with
                                                                       Inch Brook.
----------------------------------------------------------------------------------------------------------------
*National Geodetic Vertical Datum.

[[Page 46852]]

 
+ North American Vertical Datum.
 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
Town of Boxborough
 
Maps are available for inspection at the Town of Boxborough, 29 Middle Road, Boxborough, MA.
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
         Flooding source(s)            Location of referenced     Depth in feet above     Communities  affected
                                            elevation **                ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Morgan County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Illinois River......................  From the Scott/Morgan           +446         +447  Unincorporated Areas of
                                       County Border; Smith                               Morgan County, Village
                                       Lake Road extended.                                of Meredosia.
                                      To the Cass/Morgan              +447         +448  .......................
                                       County Border; Morgan
                                       Cass County Line Road.
Mauvaise Terre Creek................  From approximately              None         +595  Village of S.
                                       Michigan Avenue                                    Jacksonville.
                                       extended.
                                      To approximately 50             None         +595
                                       feet downstream of
                                       Vandalia Road;
                                       approximately 60 feet
                                       upstream of Country
                                       Club Road.
Town Brook..........................  From Massey Lane.......         None         +603  Unincorporated Areas of
                                                                                          Morgan County.
                                      To the limit of                 None         +603
                                       Detailed Study;
                                       approximately 650 feet
                                       upstream of Massey
                                       Lane.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 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 Morgan County
 
Maps are available for inspection at Morgan County Regional Planning Commission, 345 West State Street,
 Jacksonville, IL 62650.
 
Village of Meredosia
 
Maps are available for inspection at Meredosia Village Hall, 315 Main Street, Meredosia, IL 62665.
 
Village of S. Jacksonville
 
Maps are available for inspection at South Jacksonville Village Hall, 301 Dewey Street, South Jacksonville, IL
 62650.
----------------------------------------------------------------------------------------------------------------
                                 Scott County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Illinois River......................  From river mile 67.0,           +446         +447  Unincorporated Areas of
                                       approximately 500 feet                             Scott County.
                                       upstream of the
                                       confluence with Coon
                                       Run.
                                      To the Morgan/Scott             +446         +447
                                       county boundary at
                                       river mile 68.0--
                                       approximately Smith
                                       Lake Road extended.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 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.
 

[[Page 46853]]

 
                                                    ADDRESSES
                                      Unincorporated Areas of Scott County
 
Maps are available for inspection at Scott County Courthouse, 35 East Market Street, Winchester, IL 62694.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 25, 2008.
Edward L. Connor,
Deputy Assistant Administrator for Insurance, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. E8-18526 Filed 8-11-08; 8:45 am]
BILLING CODE 9110-12-P
```