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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-B-1004]
 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 December 16, 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-1004, 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) 
                        *bill.blanton@dhs.gov.*
 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) 
                        *bill.blanton@dhs.gov.*


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. § 67.4
  2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s)
Location of referenced elevation**
* Elevation in feet(NGVD)
                                     + Elevation in feet(NAVD) 
                                     # Depth in feet above ground
Communities affectedEffective
Modified**Orange County, California, and Incorporated Areas**Aliso Creek
At confluence with Pacific Ocean
+2
+14
City of Laguna Beach, Unincorporated Areas of Orange County.Approximately 1.09 miles upstream of confluence with Pacific Ocean
+40
+41Bluebird Canyon
At confluence with Pacific Ocean
None
+17
City of Laguna Beach.Approximately 0.55 mile upstream of confluence with Pacific Ocean
+125
+124Canyon Acres Wash
Approximately 70 feet upstream of confluence with Laguna Canyon
None
+81
City of Laguna Beach.Approximately 1,460 feet upstream of Lewellyn Drive
None
+185Laguna Canyon
At confluence with Pacific Ocean
None
+15
City of Laguna Beach, Unincorporated Areas of Orange County.Approximately 0.72 mile upstream of upstream most State Highway 73 crossing
+343
+344* 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****City of Laguna Beach**Maps are available for inspection at Laguna Beach City Hall, 505 Forest Avenue, Laguna Beach, CA.**Unincorporated Areas of Orange County**Maps are available for inspection at Orange County Public Works Department, 300 North Flower Street, Santa Ana, CA.**Calcasieu Parish, Louisiana, and Incorporated Areas**Base Flood Elevation changes ranging from 6 to 17 feet in the form of Coastal
+5-14
+6-17
Unincorporated areas of Calcasieu Parish, City of Sulphur, City of Lake Charles, City of Westlake.Gulf of Mexico
AE/VE zones have been madeIntersection with U.S. Highway 90
+7
+5Bayou Choupique
Intersection with Southern Pacific Railroad line
+9
+6
Unincorporated areas of Calcasieu Parish.* 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****City of Westlake**Maps are available for inspection at 1001 Mullberry Street, Westlake, LA 70669.**Unincorporated Areas of Calasieu Parish**Maps are available for inspection at 1015 Pithon Street, Lake Charles, LA 70602.**City of Sulphur**( print page 53811)Maps are available for inspection at 500 North Huntington Street, Sulphur, LA 70664.**City of Lake Charles**Maps are available for inspection at 326 Pujo Street, Lake Charles, LA 70602.**Alleghany County, North Carolina, and Incorporated Areas**Bledsoe Creek
At the confluence with Little River
None
+2752
Alleghany County, Town of Sparta.Approximately 920 feet upstream of Green Needles Lane
None
+2919Bledsoe Creek Tributary 1
At the confluence with Bledsoe Creek
None
+2759
Town of Sparta.Approximately 110 feet upstream of Cherry Street
None
+2896Brush Creek
At the confluence with Little River
None
+2443
Alleghany County.Approximately 1.6 miles upstream of Fox Ridge Road
None
+2522Crab Creek
At the confluence with Little River
None
+2337
Alleghany County.Approximately 0.6 mile upstream of the confluence with Little River
None
+2366Cranberry Creek
At the Alleghany/Ashe County boundary
None
+2739
Alleghany County.Approximately 850 feet upstream of the Alleghany/Ashe County boundary
None
+2743Glade Creek
At the confluence with Little River
None
+2499
Alleghany County.Approximately 1.4 miles upstream of the confluence of Glade Creek Tributary 2
None
+2529Glade Creek Tributary 1
At the confluence with Glade Creek
None
+2501
Alleghany County.Approximately 0.4 mile upstream of Fox Den Lane
None
+2565Glade Creek Tributary 2
At the confluence with Glade Creek
None
+2509
Alleghany County.Approximately 0.8 mile upstream of the confluence with Glade Creek
None
+2579Little River
Approximately 1,100 feet downstream of the confluence of Crab Creek
None
+2333
Alleghany County, Town of Sparta.Approximately 1.0 mile upstream of the confluence of Little River Tributary 2
None
+2851Little River Tributary 1
At the confluence with Little River
None
+2587
Alleghany County.Approximately 1,950 feet upstream of the confluence with Little River
None
+2660Little River Tributary 2
At the confluence with Little River
None
+2829
Alleghany County, Town of Sparta.Approximately 0.7 mile upstream of the confluence with Little River
None
+2905Moccasin Creek
At the confluence with Little River
None
+2431
Alleghany County.Approximately 0.6 mile upstream of the confluence with Little River
None
+2480New River
Approximately 0.4 mile downstream of the confluence with New River Tributary 1
None
+2318
Alleghany County.At the confluence of South Fork New River and North Fork New River
None
+2487New River Tributary 1
Approximately 200 feet upstream of the confluence with New River
None
+2319
Alleghany County.Approximately 0.7 mile upstream of the confluence with New River
None
+2364New River Tributary 2
At the confluence with New River
None
+2339
Alleghany County.Approximately 1,720 feet upstream of Riverwood Lane
None
+2390Pine Swamp Creek
At the confluence with Little River
None
+2803
Alleghany County.Approximately 0.7 mile upstream of Grandview Drive (State Road 1172)
None
+2818South Fork New River
At the confluence with New River
None
+2487
Alleghany County.Approximately 1.4 miles upstream of the confluence of South Fork New River Tributary 2
None
+2526South Fork New River Tributary 1
At the confluence with South Fork New River
None
+2509
Alleghany County.Approximately 0.5 mile upstream of the confluence with South Fork New River
None
+2535South Fork New River Tributary 2
At the confluence with South Fork New River
None
+2516
Alleghany County.Approximately 0.7 mile upstream of the confluence with South Fork New River
None
+2572Vile Creek
At the confluence with Little River
None
+2674
Alleghany County, Town of Sparta.( print page 53812)Approximately 1,660 feet upstream of NC Highway 18
None
+2759Vile Creek Tributary 1
At the confluence with Vile Creek
None
+2695
Alleghany County, Town of Sparta.Approximately 0.4 mile upstream of the confluence with Vile Creek
None
+2751* 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****Alleghany County**Maps are available for inspection at Alleghany County Planning Department, County Administration Building, 348 South Main Street, Sparta, NC.**Town of Sparta**Maps are available for inspection at Sparta Town Hall, 304 South Main Street, Sparta, NC.**Watauga County, North Carolina, and Incorporated Areas**Boone Creek
At the confluence with Winkler Creek
+3120
+3122
Town of Boone.Approximately 350 feet upstream of West King Street
None
+3311Cobb Creek
At the confluence with Meat Camp Creek
None
+3169
Unincorporated Areas of Watauga County.Approximately 1,540 feet upstream of Cobbs Creek Road (State Road 1325)
None
+3307Elk Creek
Approximately 100 feet downstream of the Watauga/Wilkes County boundary
None
+1349
Unincorporated Areas of Watauga County.Approximately 1.1 miles upstream of Jakes Mountain Road
None
+2135Elk Creek (into South Fork River)
Approximately 50 feet upstream of Big Hill Road (State Road 1350)
None
+2955
Unincorporated Areas of Watauga County.Approximately 250 feet upstream of State Road 194
None
+2982Flannery Fork
At the confluence with Winkler Creek
None
+3253
Unincorporated Areas of Watauga County, Town of Boone.Approximately 430 feet upstream of Sky Ranch Road
None
+3469Gap Creek
At the Watauga/Ashe County boundary
None
+2952
Unincorporated Areas of Watauga County.Approximately 160 feet upstream of James Parsons Road
None
+3076Hodges Creek
Approximately 430 feet upstream of the confluence with Boone Creek
+3126
+3127
Town of Boone.Approximately 140 feet upstream of NC 105 Highway
None
+3286Howard Creek
Approximately 1,440 feet upstream of Moss Hill Road
None
+3212
Unincorporated Areas of Watauga County.Approximately 0.6 mile upstream of Millers Pond Lane
None
+3418Left Prong Stony Fork
At the Watauga/Wilkes County boundary
None
+1639
Unincorporated Areas of Watauga County.Approximately 220 feet upstream of the confluence of Wildcat Creek
None
+1947Meat Camp Creek
At the confluence with South Fork New River
+3057
+3058
Unincorporated Areas of Watauga County.Approximately 1.1 miles upstream of Bryan Hollow Road (State Road 1339)
None
+3495Meat Camp Creek Tributary
At the confluence with Meat Camp Creek
None
+3156
Unincorporated Areas of Watauga County.Approximately 1,160 feet upstream of NC 194 Highway North
None
+3213Middle Fork
Approximately 500 feet downstream of Shoppes On The Parkway Road
+3458
+3455
Unincorporated Areas of Watauga County, Town of Blowing Rock.Approximately 0.4 mile upstream of Goforth Road
None
+3630( print page 53813)Norris Fork
At the confluence with Meat Camp Creek
None
+3200
Unincorporated Areas of Watauga County.Approximately 0.4 mile upstream of the confluence with Meat Camp Creek
None
+3248Pine Orchard Creek
At the confluence with Elk Creek (into South Fork New River)
None
+2974
Unincorporated Areas of Watauga County.Approximately 0.7 mile upstream of the confluence with Elk Creek (into South Fork New River)
None
+3041Stony Fork
At the Watauga/Wilkes County boundary
None
+1975
Unincorporated Areas of Watauga County.Approximately 40 feet downstream of Stoney Fork Road
None
+2265Stony Fork Tributary
At the confluence with Stony Fork
None
+2260
Unincorporated Areas of Watauga County.Approximately 1,470 feet upstream of Stoney Fork Road
None
+2341Unnamed Tributary to Middle Fork
At the confluence with Middle Fork
+3479
+3477
Unincorporated Areas of Watauga County, Town of Blowing Rock.Approximately 0.7 mile upstream of Chetola Lake Drive
None
+3546Wildcat Creek
At the confluence with Left Prong Stony Fork
None
+1941
Unincorporated Areas of Watauga County.Approximately 0.6 mile upstream of Bill Miller Lane
None
+2469Winkler Creek
Approximately 150 feet downstream of Pride Drive
+3114
+3113
Unincorporated Areas of Watauga County, Town of Boone.Approximately 300 feet upstream of Rainbow Mountain Road
None
+3442* 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****Town of Blowing Rock**Maps are available for inspection at Blowing Rock Town Hall, 1036 Main Street, Blowing Rock, NC.**Town of Boone**Maps are available for inspection at Town of Boone Planning and Inspections Office, 1500 Blowing Rock Road, Boone, NC.**Unincorporated Areas of Watauga County**Maps are available for inspection at Watauga County Planning and Inspections Department, 331 Queen Street, Suite 8, Boone, NC.**Grant County, South Dakota, and Incorporated Areas**South Fork Whetstone River
Approximately 48 feet upstream of 479th Avenue
None
+1116
City of Milbank, Unincorporated Areas of Grant County.Approximately 790 feet upstream of North Dakota Street
None
+1132* 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****City of Milbank**Maps are available for inspection at Milbank City Offices, 1001 East 4th Avenue, Milbank, SD.( print page 53814)**Unincorporated Areas of Grant County**Maps are available for inspection at Grant County Courthouse, 210 East 5th Avenue, Milbank, SD.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: September 4, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E8-21687 Filed 9-16-08; 8:45 am] BILLING CODE 9110-12-P