[Federal Register: April 29, 2008 (Volume 73, Number 83)] [Proposed Rules] [Page 23164-23170] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr29ap08-23] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7774] 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 [[Page 23165]] 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 July 28, 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-7774, 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. 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) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation** ground -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Taylor County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Aucilla River....................... At U.S. Highway 98..... None +10 Unincorporated Areas of Taylor County. At the Taylor/Madison None +45 ....................... County boundary. Pimple Creek........................ Approximately 600 feet +36 +37 City of Perry. upstream of the confluence with Spring Creek. Approximately 400 feet +42 +41 ....................... downstream of Cherry Street. Pimple Creek East Branch............ Just upstream of +43 +44 City of Perry. Johnson Stripling Road. Approximately 2,000 +44 +45 ....................... feet upstream of the confluence with Pimple Creek. Rocky Creek......................... At the confluence with None +25 Unincorporated Areas of Spring Street. Taylor County. ---------------------------------------------------------------------------------------------------------------- Approximately 1,300 None +56 feet upstream of U.S. Highway 221. * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [[Page 23166]] ** 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 Perry Maps are available for inspection at Perry City Hall, 224 South Jefferson Street, Perry, FL. Unincorporated Areas of Taylor County Maps are available for inspection at Taylor County Building/Planning Department, 201 East Green Street, Perry, FL. ---------------------------------------------------------------------------------------------------------------- Alexander County, Illinois, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cotton Slough, interior drainage Unincorporated None +308 Unincorporated Areas of ponding. Alexander County Alexander County. (north of Urbandale, IL). Interior drainage ponding (Goose Unincorporated None +309 Unincorporated Areas of Pond Pumping Station). Alexander County (near Alexander County. Urbandale, IL). Mississippi River................... One mile upstream of +332 +331 City of Cairo, the confluence with Unincorporated Areas the Ohio River. of Alexander County, Village of East Cape Girardeau, Village of McClure, Village of Tamms, Village of Thebes. Six miles upstream of +361 +356 ....................... State Route 146 (River Mile 58). Pigeon Creek........................ At the mouth of +340 +336 Unincorporated Areas of Horseshoe Lake. Alexander County. At State Route 3....... +343 +342 ---------------------------------------------------------------------------------------------------------------- * 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 Cairo Maps are available for inspection at Cairo City Hall, 1501 Washington Avenue, Cairo, IL 62914. Unincorporated Areas of Alexander County Maps are available for inspection at Alexander County, County Clerk's Office, 2000 Washington Avenue, Cairo, IL 62914. Village of East Cape Girardeau Maps are available for inspection at East Cape Girardeau Village Hall, 50 Brookwood, McClure, IL 62957. Village of McClure Maps are available for inspection at McClure Village Hall, 38204 Grapevine Trail, McClure, IL 62957. Village of Tamms Maps are available for inspection at Tamms Village Hall, 425 Front Street, Tamms, IL 62988. Village of Thebes Maps are available for inspection at Thebes Village Hall, 413 North 6th Street, Thebes, IL 62990. ---------------------------------------------------------------------------------------------------------------- Genesee County, Michigan, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Armstrong Creek..................... Downstream side of +683 +682 Township of Flushing. Francis Road. Approximately 2,100 +705 +708 Township of Montrose. feet upstream of Stanley Road. Copneconic Lake..................... Entire shoreline of None +846 Township of Fenton. Copneconic Lake. Fenwin Pond......................... Entire shoreline of None +837 Township of Mundy. Fenwin Pond. Lum Drain........................... Downstream side of None +778 Township of Gaines. Moorish Road. Upstream side of Elms None +783 ....................... Road. Pierson Branch of Thread Creek...... Approximately 680 feet None +766 City of Burton. downstream of S Center Road. Approximately 1,500 None +822 ....................... feet downstream of E Maple Avenue. Shinanguag Lake..................... Entire shoreline of None +890 Township of Atlas. Shinanguag Lake. ---------------------------------------------------------------------------------------------------------------- [[Page 23167]] * 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 Burton Maps are available for inspection at 4303 South Center Road, Burton, MI 48519. Township of Atlas Maps are available for inspection at 7386 Gale Road, Goodrich, MI 48439. Township of Fenton Maps are available for inspection at 12060 Mantawauka Drive, Fenton, MI 48430. Township of Flushing Maps are available for inspection at 6524 North Seymour Road, Flushing, MI 48433. Township of Gaines Maps are available for inspection at 9255 Grand Blanc Road, Gaines, MI 48436. Township of Montrose Maps are available for inspection at 139 South Saginaw Street, Montrose, MI 48457. Township of Mundy Maps are available for inspection at 3478 Mundy Avenue, Swartz Creek, MI 48473. ---------------------------------------------------------------------------------------------------------------- Washtenaw County, Michigan, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Allen Creek......................... Just downstream of +768 +769 City of Ann Arbor. Conrail Railroad. Approximately 500 feet +819 +820 upstream of E Madison Street. Allen Creek Diversion............... Just upstream of Miller None +795 City of Ann Arbor. Road. Just downstream of Ann None +801 ....................... Arbor Railroad. Letts Creek......................... Confluence with North None +890 Township of Lima. Fork Mill Creek. Just upstream of Pierce None +928 Road. Mill Creek.......................... Mouth at Huron River... None +838 Township of Scio. Just upstream of North None +863 Township of Lima, Parker Road. Township of Webster, Village of Dexter. Millers Creek....................... Just upstream of Geddes None +752 City of Ann Arbor. Road. Approximately 2,000 None +883 Township of Ann Arbor. feet upstream of Baxter Road. Millers Creek Diversion............. Just upstream of None +753 City of Ann Arbor. confluence with Millers Creek. Just downstream of None +771 diversion from Millers Creek. North Fork Mill Creek............... Approximately 800 feet None +885 Village of Chelsea, downstream of Fletcher Township of Lima. Road. Approximately 300 feet None +934 Township of Sylvan. upstream of Conway Road. North Fork Mill Creek............... Entire North Fork Mill None +885 Township of Lima. Creek within this community. Approximately 800 feet downstream of Fletcher Road. Just downstream of None +891 McKinley Road. Paint Creek......................... Washtenaw County None +652 Township of Augusta. Boundary. Just downstream of East None +692 Bemis Road. Swift Drain......................... Mouth at Huron River... None +754 City of Ann Arbor. Just upstream of East None +831 Charter Township of Morgan Road. Pittsfield, Township of Ann Arbor, Village of Chelsea. Traver Creek........................ Mouth at Huron River... +762 +763 City of Ann Arbor. Approximately 2,000 None +935 Township of Ann Arbor. feet upstream of Warren Road (just upstream of SB U.S. 23). Traver Creek Diversion.............. At confluence with None +901 City of Ann Arbor. Traver Creek. At diversion from None +907 Traver Creek. Tributary To Paint Creek............ Approximately 2,400 None +773 Charter Township of feet downstream of Pittsfield, Township Munger Road. of Ypsilanti. Just downstream of None +821 Merritt Road. West Branch Paint Creek............. Just upstream of None +675 Township of Augusta. confluence with Paint Creek. Just downstream of East None +698 Bemis Road. West Park Miller Drain.............. Just upstream of +799 +801 City of Ann Arbor. confluence with Allen Creek. Just downstream of +850 +845 Wesley Avenue. [[Page 23168]] West Park Miller Drain South Branch. Confluence with West +801 +806 City of Ann Arbor. Park Miller Drain. Approximately 60 feet +849 +851 downstream of North Revena Boulevard. ---------------------------------------------------------------------------------------------------------------- * 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 Charter Township of Pittsfield Maps are available for inspection at 6201 West Michigan Avenue, Ann Arbor, MI 48108. City of Ann Arbor Maps are available for inspection at 100 North Fifth Avenue, Ann Arbor, MI 48104. Township of Ann Arbor Maps are available for inspection at 3792 Pontiac Trail, Ann Arbor, MI 48105. Township of Augusta Maps are available for inspection at 605 South Main, Whittaker, MI 48190. Township of Lima Maps are available for inspection at 11452 Jackson Road, Chelsea, MI 48118. Township of Scio Maps are available for inspection at 2355 West Stadium Boulevard, Ann Arbor, MI 48107. Township of Sylvan Maps are available for inspection at 18027 Old U.S. Highway 12, Chelsea, MI 48118. Township of Webster Maps are available for inspection at 5665 Webster Church Road, Dexter, MI 48130. Township of Ypsilanti Maps are available for inspection at 7200 South Huron River Drive, Ypsilanti, MI 48197. Village of Chelsea Maps are available for inspection at 104 East Middle Street, Chelsea, MI 48118. Village of Dexter Maps are available for inspection at 6880 Dexter-Pinckney Road, Dexter, MI 48130. Goliad County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Maddox Branch....................... Approximately 65 feet None +142 City of Goliad. upstream of Fulcord Street. Approximately 1,550 +200 +199 feet upstream of U.S. Highway 183. San Antonio River................... Approximately 600 feet None +142 City of Goliad. upstream of confluence with Maddox Branch. Approximately 1,300 None +147 feet upstream of South San Patricio Street. Southwest City Drain................ Approximately 950 feet +141 +147 City of Goliad. downstream of Fannin Street. Approximately 150 feet +194 +199 upstream of West Oak Street. Sparrow Branch...................... Approximately 475 feet None +146 City of Goliad. downstream of Hord Street. Approximately 825 feet +196 +199 upstream of Sunset Avenue. ---------------------------------------------------------------------------------------------------------------- * 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 Goliad Maps are available for inspection at 152 West End Street, Goliad, TX 77963. ---------------------------------------------------------------------------------------------------------------- [[Page 23169]] Karnes County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Escondido Creek..................... Approximately 700 feet +259 +258 City of Kenedy. downstream of confluence with Nichols Creek. Approximately 450 feet None +274 upstream of confluence with Panther Creek. Marcelinas Creek.................... Approximately 730 feet None +300 City of Falls City. upstream of confluence with Tributary 1 to Marcelinas Creek Watershed. Approximately 830 feet None +307 upstream of confluence with Tributary 8 to Marcelinas Creek Watershed. Nichols Creek....................... Approximately 265 ft +268 +269 City of Kenedy. downstream of S. 2nd Street. Ojo de Agua Creek................... Approximately 1,050 None +262 Town of Runge. feet downstream of farm to Market 81. Approximately 860 feet None +287 upstream of confluence with Tributary 9 to Ojo de Agua Watershed. San Antonio River................... Approximately 460 feet None +300 City of Falls City. downstream of confluence with Marcelinas Creek. Approximately 1,440 None +304 feet downstream of confluence with Tributary 199 to Lower San Antonio River Watershed. ---------------------------------------------------------------------------------------------------------------- * 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 Falls City Maps are available for inspection at 208 North Irvin Street, Falls City, TX 78113. City of Kenedy Maps are available for inspection at 303 West Main Street, Kenedy, TX 78119. Town of Runge Maps are available for inspection at 109 North Helena, Runge, TX 78151. ---------------------------------------------------------------------------------------------------------------- Teton County, Wyoming, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Flat Creek.......................... Approximately 5,100 *5,976 *5,974 Unincorporated Areas of feet South of the Teton County. intersection of Wilson Canyon Drive and Highway 89. Approximately 1,350 *6,105 *6,107 feet downstream of High School Road. ---------------------------------------------------------------------------------------------------------------- * 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 Teton County Maps are available for inspection at County Administration Building, 200 South Willow Street, Jackson, WY 83001. ---------------------------------------------------------------------------------------------------------------- [[Page 23170]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: April 18, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-9260 Filed 4-28-08; 8:45 am] BILLING CODE 9110-12-P
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