[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Proposed Rules]
[Pages 28202-28204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14039]


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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-1057]


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% 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 September 14, 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-1057, 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#27454e4b4b09454b464953484967434f5409404851"><span class="__cf_email__" data-cfemail="f99b909595d79b9598978d9697b99d918ad79e968f">[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#d8bab1b4b4f6bab4b9b6acb7b698bcb0abf6bfb7ae"><span class="__cf_email__" data-cfemail="85e7ece9e9abe7e9e4ebf1eaebc5e1edf6abe2eaf3">[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:

[[Page 28203]]



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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)  <greek-i>
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation**           Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Madison County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Aldridge Creek......................  Approximately 0.4 miles         +577         +576  City of Huntsville,
                                       upstream of Green Cove                             Unincorporated Areas
                                       Road.                                              of Madison County.
                                      Approximately 75 feet           +679         +682
                                       downstream of Drake
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> 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 Huntsville
Maps are available for inspection at 308 Fountain Circle Southwest, Huntsville, AL 35804.
 
                                     Unincorporated Areas of Madison County
                Maps are available for inspection at 100 North Side Circle, Huntsville, AL 35801.
----------------------------------------------------------------------------------------------------------------
                                 Franklin County, Kansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Nugent Creek........................  Just upstream of                None         +904  City of Ottawa,
                                       Marshall Road.                                     Unincorporated Areas
                                                                                          of Franklin County.
                                      Just downstream of              None         +940
                                       Interstate Highway 35.
Pottawatomie Creek..................  At confluence of                None         +874  City of Lane.
                                       Unnamed Tributary
                                       between Walnut Street
                                       and Cherry Street in
                                       eastern portion of the
                                       city.
                                      Just upstream of the            None         +875
                                       intersection of Lane
                                       Road and South Kansas
                                       Avenue.
Rock Creek..........................  Just upstream of East           None         +902  City of Ottawa,
                                       15th Street.                                       Unincorporated Areas
                                                                                          of Franklin County.
                                      Just downstream of              None         +913
                                       Interstate Highway 35.
Walnut Creek........................  Just upstream of                None        +1012  City of Wellsville,
                                       Interstate Highway 35.                             Unincorporated Areas
                                                                                          of Franklin County.
                                      Just upstream of Utah           None        +1040
                                       Road.
Walnut Creek Tributary..............  At confluence with              None        +1030  Unincorporated Areas of
                                       Walnut Creek.                                      Franklin County.
                                      Approximately 800 feet          None        +1038
                                       downstream from Hedge
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> 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 Lane
Maps are available for inspection at 520 3rd Street, P.O. Box 116, Lane, KS 66042.
 
City of Ottawa
Maps are available for inspection at 101 S Hickory, 2nd Floor, Ottawa, KS 66067.
 
City of Wellsville
Maps are available for inspection at 411 Main Street, Wellsville, KS 66092.
 
                                     Unincorporated Areas of Franklin County
Maps are available for inspection at 315 South Main Street, Suite 202, Ottawa, KS 66067.
----------------------------------------------------------------------------------------------------------------

[[Page 28204]]

 
                                Lincoln County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cuivre River........................  At confluence with              +445         +444  Unincorporated Areas of
                                       Mississippi River at                               Lincoln County, City
                                       East Sycamore Road,                                of Old Monroe.
                                       east of City of Old
                                       Monroe.
McLean Creek........................  At confluence with              +446         +445  Unincorporated Areas of
                                       Mississippi River,                                 Lincoln County, City
                                       just east of City of                               of Winfield.
                                       Winfield.
Mississippi River...................  At southern county              +445         +444  Unincorporated Areas of
                                       boundary, east of City                             Lincoln County, City
                                       of Old Monroe.                                     of Elsberry, City of
                                                                                          Foley, City of Old
                                                                                          Monroe, City of
                                                                                          Winfield.
                                      At northern county              +451         +450
                                       boundary at Dameron
                                       Road.
Sandy Creek.........................  At confluence with              +447         +446  Unincorporated Areas of
                                       Mississippi River,                                 Lincoln County, City
                                       east of City of Foley.                             of Foley.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> 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 Elsberry
Maps are available for inspection at 201 Broadway Street, Elsberry, MO 63343.
 
City of Foley
Maps are available for inspection at 617 Elm Street, Foley, MO 63347.
 
City of Old Monroe
Maps are available for inspection at 151 Main Street, P.O. Box 212, Old Monroe, MO 63369.
 
City of Winfield
Maps are available for inspection at 51 Old Troy Highway, P.O. Box 59, Winfield, MO 63389.
 
                                     Unincorporated Areas of Lincoln County
Maps are available for inspection at 201 Main Street, Troy, MO 63379.
 
----------------------------------------------------------------------------------------------------------------

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

    Dated: May 27, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-14039 Filed 6-12-09; 8:45 am]
BILLING CODE 9110-12-P


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