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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-B-1007]
 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 24, 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-1007, 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: 
                            ( print page 55470) Flooding source(s)
Location of referenced elevation **
* Elevation in feet
                                     (NGVD) 
                                     + Elevation in feet 
                                     (NAVD) 
                                     # Depth in feet above ground
Communities affectedEffective
Modified**Mohave County, Arizona, and Incorporated Areas**Williams Wash
Approximately 250 feet upstream of confluence Highland/Green Wash
#2
+703
City of Bullhead City.Approximately 622 feet upstream of La Puerta Road
None
+1471* 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 changedSend 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 Bullhead City**Maps are available for inspection at 1255 Marina Blvd, Bullhead City, AZ 86442.**Brown County, Illinois, and Incorporated Areas**Illinois River
From the limit of flooding affecting community at river mile 71.3 in Pike County; 0.7 miles downstream of the Pike/Brown County Border at approximately State Hwy 104
+447
+448
Unincorporated Areas of Brown County.To the Schuyler/Morgan County Border at river mile 83.8; approximately the mouth of the La Moine River
+448
+450* 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 Brown County**Maps are available for inspection at Brown County Courthouse, 200 West Court Street, Mt. Sterling, IL 62353.**Anderson County, Kentucky, and Incorporated Areas**Kentucky River
Anderson County and Franklin County corporate limits
None
+509
Unincorporated Areas of Anderson County.Anderson County and Mercer County corporate limits.
None
+527* 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 Anderson County**Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342.**Henderson County, Kentucky, and Incorporated Areas**Canoe Creek
Just upstream US-41
None
+376
Unincorporated Areas of Henderson County, City of Henderson.At confluence with Elam Ditch
None
+383Elam Ditch
At confluence with Canoe Creek
None
+383
Unincorporated Areas of Henderson County.At Airline Road (KY-812)
None
+393( print page 55471)Elam Ditch Tributary 1
At confluence with Elam Ditch
None
+384
Unincorporated Areas of Henderson County.Approximately 1250 feet downstream Toy Anthoston Road (KY-2677)
None
+395Elam Ditch Tributary 2
At confluence with Elam Ditch
None
+384
Unincorporated Areas of Henderson County.Just downstream Airline Road (KY-812)
None
+395Elam Ditch Tributary 3
At confluence with Elam Ditch
None
+384
Unincorporated Areas of Henderson County.Just downstream Toy Anthoston
None
+389Kimsey Lane Left Tributary
At confluence with North Fork Canoe Creek
+387
+388
Unincorporated Areas of Henderson County, City of Henderson.Approximately 750 feet upstream Van Wyk Road
+387
+388Kimsey Lane Right Tributary
At confluence with North Fork Canoe Creek
+387
+388
Unincorporated Areas of Henderson County, City of Henderson.At Kinsey Lane (KY-6112)
+387
+388Middle Canoe Creek
At confluence with Sellers Ditch
+379
+382
Unincorporated Areas of Henderson County, City of Henderson.At confluence with Elam Ditch
+380
+382North Fork Canoe Creek
At confluence with Canoe Creek
+378
+382
Unincorporated Areas of Henderson County, City of Henderson.At approximately 4000 feet upstream Kimsey Lane (KY-6112)
+387
+389Sellers Ditch
At confluence with Canoe Creek
+377
+376
Unincorporated Areas of Henderson County.Approximately 200 feet upstream Old Madison Road
+379
+382Tiger Ditch (Formerly Highway 812 Tributary)
At confluence with North Fork Canoe Creek
+379
+382
Unincorporated Areas of Henderson County, City of Henderson.Approximately 150 feet downstream Zion Road
None
+391Tiger Ditch Tributary 1
At confluence with Tiger Ditch (Formerly Highway 812 Tributary)
None
+385
Unincorporated Areas of Henderson County, City of Henderson.Just downstream Adams Lane
None
+390Upper Canoe Creek
At confluence with Sellers Ditch
+379
+382
Unincorporated Areas of Henderson County.Approximately 3800 feet upstream confluence with East Fork Canoe Creek
+382
+385* 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 Henderson**Maps are available for inspection at 222 First Street, Henderson, KY 42419.**Unincorporated Areas of Henderson County**Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.**Jackson County, Michigan, and Incorporated Areas**Grand River
Upstream side of High Street
None
+935
City of Jackson, Township of Leoni, Township of Napoleon, Township of Summit.Approximately 1,400 feet upstream of Porbert Road
+941
+942Grand River
Downstream side of Maple Grove Road
None
+909
Township of Rivas.Approximate 0.5 mile upstream of Maple Grove Road
None
+910North Branch Grand River
At confluence with Grand River
None
+935
Township of Leoni.( print page 55472)Downstream side of 5th Street
None
+936North Branch Kalamazoo River
Approximately 0.6 mile upstream of N. Main Street
None
+988
Township of Concord.Approximately 1 mile upstream of N. Main Street
None
+988Vineyard Lake
Entire shoreline of Vineyard Lake
None
+970
Township of Norvell, Township of Columbia.* 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 Jackson**Maps are available for inspection at 161 W Michigan Avenue, Jackson, MI 49201.**Township of Columbia**Maps are available for inspection at 8500 Jefferson Road, Brooklyn, MI 49230.**Township of Concord**Maps are available for inspection at 402 South Main Street, Concord, MI 49237.**Township of Leoni**Maps are available for inspection at 913 Fifth Street, Michigan Center, MI 49254.**Township of Napoleon**Maps are available for inspection at 6755 Brooklyn Road, Napoleon, MI 49261.**Township of Norvell**Maps are available for inspection at 106 E Commercial Street, Norvell, MI 49263.**Township of Rivas**Maps are available for inspection at 106 Main Street, Jackson, MI 49201.**Township of Summit**Maps are available for inspection at 2121 Ferguson Road, Jackson, MI 49201.**Missoula County, Montana, and  Incorporated Areas**Clarks Fork
Approximately 50 feet upstream of Reserve Street
+3160
+3157
Unincorporated Areas of Missoula County, City of Missoula.Approximately 500 feet downstream of Russell Street
+3168
+3169La Valle Creek
Approximately 150 feet upstream of the Frenchtown Irrigation District Ditch
None
+3075
Unincorporated Areas of Missoula County.Just upstream of Dechamps Bridge
None
+3081* 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 Missoula**Maps are available for inspection at 435 Ryman St, Missoula, MT 59802.**Unincorporated Areas of Missoula County**Maps are available for inspection at 435 Ryman St, Missoula, MT 59802.
 
 
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: September 16, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E8-22523 Filed 9-24-08; 8:45 am] BILLING CODE 9110-12-P