Proposed Flood Elevation Determinations, 53809-53814 [E8-21687]

Download as PDF Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules (1) Direct written premium as defined in § 50.5(g), adjusted for premium not subject to the Federal Terrorism Policy Surcharge, summarized by policy year and by commercial line of insurance as specified in § 50.5(u). (2) The aggregate Federal Terrorism Policy Surcharge amount calculated by applying the established Surcharge percentage to the insurer’s adjusted direct written premium by policy year. (3) In the case of an insurer that has chosen not to collect the Federal Terrorism Policy Surcharge from its policyholders as provided in § 50.74(f), a certification that the expense of collecting the Surcharge during the assessment period would have exceeded the amount of the Surcharge collected over the assessment period. (4) Insurer certification of the submission. (d) The calculated aggregate Federal Terrorism Policy Surcharge amount, as described in paragraphs (b)(2) and (c)(2) of this section, shall be remitted to Treasury upon submission of each monthly and annual statement. An insurer may request refund of any Federal Terrorism Policy Surcharges previously remitted to Treasury that were subsequently returned by the insurer to a policyholder as attributable to unearned premium under § 50.74(e). A negative calculated amount in a monthly or annual statement indicates payment from Treasury is due to the insurer. (e) Reporting shall continue for the one-year period following the end of the assessment period established by Treasury, unless otherwise permitted by Treasury. § 50.76 Insurer responsibility. For purposes of the collection, reporting and remittance of Federal Terrorism Policy Surcharges to Treasury, an ‘‘insurer,’’ as defined in § 50.5(l), shall not include any affiliate of the insurer. David G. Nason, Assistant Secretary (Financial Institutions). [FR Doc. E8–21699 Filed 9–16–08; 8:45 am] pwalker on PROD1PC71 with PROPOSALS BILLING CODE 4810–25–P VerDate Aug<31>2005 17:08 Sep 16, 2008 Jkt 214001 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–1004] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: SUMMARY: Comments are requested on the proposed Base (1 percent annualchance) 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 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 53809 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. E:\FR\FM\17SEP1.SGM 17SEP1 53810 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules PART 67—[AMENDED] 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: Flooding source(s) 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. 1. The authority citation for part 67 continues to read as follows: § 67.4 Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: * Elevation in feet(NGVD) + Elevation in feet(NAVD) # Depth in feet above ground Location of referenced elevation** Effective Communities affected Modified Orange County, California, and Incorporated Areas Aliso Creek ............................ Bluebird Canyon ................... Canyon Acres Wash ............. Laguna Canyon ..................... At confluence with Pacific Ocean ................................. +2 +14 Approximately 1.09 miles upstream of confluence with Pacific Ocean. At confluence with Pacific Ocean ................................. Approximately 0.55 mile upstream of confluence with Pacific Ocean. Approximately 70 feet upstream of confluence with Laguna Canyon. Approximately 1,460 feet upstream of Lewellyn Drive At confluence with Pacific Ocean ................................. +40 +41 None +125 +17 +124 City of Laguna Beach. None +81 City of Laguna Beach. None None +185 +15 +343 +344 Approximately 0.72 mile upstream of upstream most State Highway 73 crossing. City of Laguna Beach, Unincorporated Areas of Orange County. City of Laguna Beach, Unincorporated Areas of Orange County. * 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. Gulf of Mexico ....................... pwalker on PROD1PC71 with PROPOSALS Bayou Choupique ................. +5–14 +6–17 AE/VE zones have been made .................................... Intersection with U.S. Highway 90 ............................... Intersection with Southern Pacific Railroad line ........... +7 +9 +5 +6 Unincorporated areas of Calcasieu Parish, City of Sulphur, City of Lake Charles, City of Westlake. 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 VerDate Aug<31>2005 17:08 Sep 16, 2008 Jkt 214001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\17SEP1.SGM 17SEP1 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules Flooding source(s) * Elevation in feet(NGVD) + Elevation in feet(NAVD) # Depth in feet above ground Location of referenced elevation** Effective 53811 Communities affected Modified 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 ...................... Bledsoe Creek Tributary 1 .... Brush Creek .......................... Crab Creek ............................ Cranberry Creek ................... Glade Creek .......................... Glade Creek Tributary 1 ....... Glade Creek Tributary 2 ....... Little River ............................. Little River Tributary 1 .......... Little River Tributary 2 .......... Moccasin Creek .................... New River ............................. New River Tributary 1 ........... New River Tributary 2 ........... Pine Swamp Creek ............... South Fork New River .......... pwalker on PROD1PC71 with PROPOSALS South Fork New River Tributary 1. South Fork New River Tributary 2. Vile Creek ............................. VerDate Aug<31>2005 17:08 Sep 16, 2008 At the confluence with Little River ................................ None +2752 Approximately 920 feet upstream of Green Needles Lane. At the confluence with Bledsoe Creek ......................... Approximately 110 feet upstream of Cherry Street ..... At the confluence with Little River ................................ Approximately 1.6 miles upstream of Fox Ridge Road At the confluence with Little River ................................ Approximately 0.6 mile upstream of the confluence with Little River. At the Alleghany/Ashe County boundary ..................... Approximately 850 feet upstream of the Alleghany/ Ashe County boundary. At the confluence with Little River ................................ Approximately 1.4 miles upstream of the confluence of Glade Creek Tributary 2. At the confluence with Glade Creek ............................ Approximately 0.4 mile upstream of Fox Den Lane .... At the confluence with Glade Creek ............................ Approximately 0.8 mile upstream of the confluence with Glade Creek. Approximately 1,100 feet downstream of the confluence of Crab Creek. Approximately 1.0 mile upstream of the confluence of Little River Tributary 2. At the confluence with Little River ................................ Approximately 1,950 feet upstream of the confluence with Little River. At the confluence with Little River ................................ None +2919 None None None None None None +2759 +2896 +2443 +2522 +2337 +2366 Alleghany County. None None +2739 +2743 Alleghany County. None None +2499 +2529 Alleghany County. None None None None +2501 +2565 +2509 +2579 Alleghany County. None +2333 Alleghany County, Town of Sparta. None +2851 None None +2587 +2660 Alleghany County. None +2829 Alleghany County, Town of Sparta. Approximately 0.7 mile upstream of the confluence with Little River. At the confluence with Little River ................................ Approximately 0.6 mile upstream of the confluence with Little River. Approximately 0.4 mile downstream of the confluence with New River Tributary 1. At the confluence of South Fork New River and North Fork New River. Approximately 200 feet upstream of the confluence with New River. Approximately 0.7 mile upstream of the confluence with New River. At the confluence with New River ................................ Approximately 1,720 feet upstream of Riverwood Lane. At the confluence with Little River ................................ Approximately 0.7 mile upstream of Grandview Drive (State Road 1172). At the confluence with New River ................................ Approximately 1.4 miles upstream of the confluence of South Fork New River Tributary 2. At the confluence with South Fork New River ............. None +2905 None None +2431 +2480 Alleghany County. None +2318 Alleghany County. None +2487 None +2319 None +2364 None None +2339 +2390 Alleghany County. None None +2803 +2818 Alleghany County. None None +2487 +2526 Alleghany County. None +2509 Alleghany County. Approximately 0.5 mile upstream of the confluence with South Fork New River. At the confluence with South Fork New River ............. None +2535 None +2516 Approximately 0.7 mile upstream of the confluence with South Fork New River. At the confluence with Little River ................................ None +2572 None +2674 Jkt 214001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\17SEP1.SGM 17SEP1 Alleghany County, Town of Sparta. Town of Sparta. Alleghany County. Alleghany County. Alleghany County. Alleghany County. Alleghany County, Town of Sparta. 53812 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules Flooding source(s) * Elevation in feet(NGVD) + Elevation in feet(NAVD) # Depth in feet above ground Location of referenced elevation** Effective Modified Approximately 1,660 feet upstream of NC Highway 18 At the confluence with Vile Creek ................................ None None +2759 +2695 Approximately 0.4 mile upstream of the confluence with Vile Creek. Vile Creek Tributary 1 ........... Communities affected None +2751 Alleghany County, Town of Sparta. * 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 .......................... Approximately 350 feet upstream of West King Street At the confluence with Meat Camp Creek ................... +3120 None None +3122 +3311 +3169 None +3307 None +1349 None +2135 None +2955 Flannery Fork ........................ Approximately 1,540 feet upstream of Cobbs Creek Road (State Road 1325). Approximately 100 feet downstream of the Watauga/ Wilkes County boundary. Approximately 1.1 miles upstream of Jakes Mountain Road. Approximately 50 feet upstream of Big Hill Road (State Road 1350). Approximately 250 feet upstream of State Road 194 .. At the confluence with Winkler Creek .......................... None None +2982 +3253 Gap Creek ............................. Approximately 430 feet upstream of Sky Ranch Road At the Watauga/Ashe County boundary ....................... None None +3469 +2952 None +3076 Hodges Creek ....................... +3126 +3127 Howard Creek ....................... Approximately 160 feet upstream of James Parsons Road. Approximately 430 feet upstream of the confluence with Boone Creek. Approximately 140 feet upstream of NC 105 Highway Approximately 1,440 feet upstream of Moss Hill Road None None +3286 +3212 None +3418 Left Prong Stony Fork ........... Approximately 0.6 mile upstream of Millers Pond Lane. At the Watauga/Wilkes County boundary .................... None +1639 None +1947 Meat Camp Creek ................. Approximately 220 feet upstream of the confluence of Wildcat Creek. At the confluence with South Fork New River ............. +3057 +3058 None +3495 Meat Camp Creek Tributary Approximately 1.1 miles upstream of Bryan Hollow Road (State Road 1339). At the confluence with Meat Camp Creek ................... None +3156 Approximately 1,160 feet upstream of NC 194 Highway North. Approximately 500 feet downstream of Shoppes On The Parkway Road. None +3213 +3458 +3455 Approximately 0.4 mile upstream of Goforth Road ...... None +3630 Cobb Creek ........................... Elk Creek .............................. pwalker on PROD1PC71 with PROPOSALS Elk Creek (into South Fork River). Middle Fork ........................... VerDate Aug<31>2005 17:08 Sep 16, 2008 Jkt 214001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\17SEP1.SGM 17SEP1 Town of Boone. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Boone. Unincorporated Areas of Watauga County. Town of Boone. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Blowing Rock. Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules Flooding source(s) * Elevation in feet(NGVD) + Elevation in feet(NAVD) # Depth in feet above ground Location of referenced elevation** Effective Norris Fork ............................ 53813 Communities affected Modified At the confluence with Meat Camp Creek ................... None +3200 None +3248 None +2974 None +3041 Stony Fork ............................. Approximately 0.4 mile upstream of the confluence with Meat Camp Creek. At the confluence with Elk Creek (into South Fork New River). Approximately 0.7 mile upstream of the confluence with Elk Creek (into South Fork New River). At the Watauga/Wilkes County boundary .................... None +1975 None +2265 Stony Fork Tributary ............. Approximately 40 feet downstream of Stoney Fork Road. At the confluence with Stony Fork ............................... None +2260 Approximately 1,470 feet upstream of Stoney Fork Road. At the confluence with Middle Fork .............................. None +2341 +3479 +3477 None +3546 Wildcat Creek ........................ Approximately 0.7 mile upstream of Chetola Lake Drive. At the confluence with Left Prong Stony Fork ............. None +1941 Winkler Creek ....................... Approximately 0.6 mile upstream of Bill Miller Lane .... Approximately 150 feet downstream of Pride Drive .... None +3114 +2469 +3113 Approximately 300 feet upstream of Rainbow Mountain Road. None +3442 Pine Orchard Creek .............. Unnamed Tributary to Middle Fork. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Blowing Rock. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Boone. * 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 Approximately 48 feet upstream of 479th Avenue ....... None +1116 Approximately 790 feet upstream of North Dakota Street. pwalker on PROD1PC71 with PROPOSALS South Fork Whetstone River None City of Milbank, Unincorporated Areas of Grant County. +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. VerDate Aug<31>2005 17:08 Sep 16, 2008 Jkt 214001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\17SEP1.SGM 17SEP1 53814 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules Flooding source(s) Location of referenced elevation** * Elevation in feet(NGVD) + Elevation in feet(NAVD) # Depth in feet above ground Effective Communities affected Modified 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 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–1006] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. pwalker on PROD1PC71 with PROPOSALS AGENCY: SUMMARY: Comments are requested on the proposed Base (1 percent annualchance) 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 VerDate Aug<31>2005 17:08 Sep 16, 2008 Jkt 214001 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–1006, 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 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 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 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: E:\FR\FM\17SEP1.SGM 17SEP1

Agencies

[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Proposed Rules]
[Pages 53809-53814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21687]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1004]

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 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.

[[Page 53810]]

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
----------------------------------------------------------------------------------------------------------------
Orange County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Aliso Creek......................... At confluence with +2 +14 City of Laguna Beach,
Pacific Ocean. Unincorporated Areas
of Orange County.
Approximately 1.09 +40 +41
miles upstream of
confluence with
Pacific Ocean.
Bluebird Canyon..................... At confluence with None +17 City of Laguna Beach.
Pacific Ocean.
Approximately 0.55 mile +125 +124
upstream of confluence
with Pacific Ocean.
Canyon Acres Wash................... Approximately 70 feet None +81 City of Laguna Beach.
upstream of confluence
with Laguna Canyon.
Approximately 1,460 None +185
feet upstream of
Lewellyn Drive.
Laguna Canyon....................... At confluence with None +15 City of Laguna Beach,
Pacific Ocean. Unincorporated Areas
of Orange County.
Approximately 0.72 mile +343 +344
upstream of upstream
most State Highway 73
crossing.
�������������������������������������
* 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 +5-14 +6-17 Unincorporated areas of
changes ranging from 6 Calcasieu Parish, City
to 17 feet in the form of Sulphur, City of
of Coastal. Lake Charles, City of
Westlake.
Gulf of Mexico...................... AE/VE zones have been ........... ........... .......................
made.
Intersection with U.S. +7 +5
Highway 90.
Bayou Choupique..................... Intersection with +9 +6 Unincorporated areas of
Southern Pacific Calcasieu Parish.
Railroad line.
�������������������������������������
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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

[[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 None +2752 Alleghany County, Town
Little River. of Sparta.
Approximately 920 feet None +2919
upstream of Green
Needles Lane.
Bledsoe Creek Tributary 1........... At the confluence with None +2759 Town of Sparta.
Bledsoe Creek.
Approximately 110 feet None +2896
upstream of Cherry
Street.
Brush Creek......................... At the confluence with None +2443 Alleghany County.
Little River.
Approximately 1.6 miles None +2522
upstream of Fox Ridge
Road.
Crab Creek.......................... At the confluence with None +2337 Alleghany County.
Little River.
Approximately 0.6 mile None +2366
upstream of the
confluence with Little
River.
Cranberry Creek..................... At the Alleghany/Ashe None +2739 Alleghany County.
County boundary.
Approximately 850 feet None +2743
upstream of the
Alleghany/Ashe County
boundary.
Glade Creek......................... At the confluence with None +2499 Alleghany County.
Little River.
Approximately 1.4 miles None +2529
upstream of the
confluence of Glade
Creek Tributary 2.
Glade Creek Tributary 1............. At the confluence with None +2501 Alleghany County.
Glade Creek.
Approximately 0.4 mile None +2565
upstream of Fox Den
Lane.
Glade Creek Tributary 2............. At the confluence with None +2509 Alleghany County.
Glade Creek.
Approximately 0.8 mile None +2579
upstream of the
confluence with Glade
Creek.
Little River........................ Approximately 1,100 None +2333 Alleghany County, Town
feet downstream of the of Sparta.
confluence of Crab
Creek.
Approximately 1.0 mile None +2851
upstream of the
confluence of Little
River Tributary 2.
Little River Tributary 1............ At the confluence with None +2587 Alleghany County.
Little River.
Approximately 1,950 None +2660
feet upstream of the
confluence with Little
River.
Little River Tributary 2............ At the confluence with None +2829 Alleghany County, Town
Little River. of Sparta.
Approximately 0.7 mile None +2905
upstream of the
confluence with Little
River.
Moccasin Creek...................... At the confluence with None +2431 Alleghany County.
Little River.
Approximately 0.6 mile None +2480
upstream of the
confluence with Little
River.
New River........................... Approximately 0.4 mile None +2318 Alleghany County.
downstream of the
confluence with New
River Tributary 1.
At the confluence of None +2487
South Fork New River
and North Fork New
River.
New River Tributary 1............... Approximately 200 feet None +2319 Alleghany County.
upstream of the
confluence with New
River.
Approximately 0.7 mile None +2364
upstream of the
confluence with New
River.
New River Tributary 2............... At the confluence with None +2339 Alleghany County.
New River.
Approximately 1,720 None +2390
feet upstream of
Riverwood Lane.
Pine Swamp Creek.................... At the confluence with None +2803 Alleghany County.
Little River.
Approximately 0.7 mile None +2818
upstream of Grandview
Drive (State Road
1172).
South Fork New River................ At the confluence with None +2487 Alleghany County.
New River.
Approximately 1.4 miles None +2526
upstream of the
confluence of South
Fork New River
Tributary 2.
South Fork New River Tributary 1.... At the confluence with None +2509 Alleghany County.
South Fork New River.
Approximately 0.5 mile None +2535
upstream of the
confluence with South
Fork New River.
South Fork New River Tributary 2.... At the confluence with None +2516 Alleghany County.
South Fork New River.
Approximately 0.7 mile None +2572
upstream of the
confluence with South
Fork New River.
Vile Creek.......................... At the confluence with None +2674 Alleghany County, Town
Little River. of Sparta.

[[Page 53812]]

Approximately 1,660 None +2759
feet upstream of NC
Highway 18.
Vile Creek Tributary 1.............. At the confluence with None +2695 Alleghany County, Town
Vile Creek. of Sparta.
Approximately 0.4 mile None +2751
upstream of the
confluence with Vile
Creek.
�������������������������������������
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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 +3120 +3122 Town of Boone.
Winkler Creek.
Approximately 350 feet None +3311
upstream of West King
Street.
Cobb Creek.......................... At the confluence with None +3169 Unincorporated Areas of
Meat Camp Creek. Watauga County.
Approximately 1,540 None +3307
feet upstream of Cobbs
Creek Road (State Road
1325).
Elk Creek........................... Approximately 100 feet None +1349 Unincorporated Areas of
downstream of the Watauga County.
Watauga/Wilkes County
boundary.
Approximately 1.1 miles None +2135
upstream of Jakes
Mountain Road.
Elk Creek (into South Fork River)... Approximately 50 feet None +2955 Unincorporated Areas of
upstream of Big Hill Watauga County.
Road (State Road 1350).
Approximately 250 feet None +2982
upstream of State Road
194.
Flannery Fork....................... At the confluence with None +3253 Unincorporated Areas of
Winkler Creek. Watauga County, Town
of Boone.
Approximately 430 feet None +3469
upstream of Sky Ranch
Road.
Gap Creek........................... At the Watauga/Ashe None +2952 Unincorporated Areas of
County boundary. Watauga County.
Approximately 160 feet None +3076
upstream of James
Parsons Road.
Hodges Creek........................ Approximately 430 feet +3126 +3127 Town of Boone.
upstream of the
confluence with Boone
Creek.
Approximately 140 feet None +3286
upstream of NC 105
Highway.
Howard Creek........................ Approximately 1,440 None +3212 Unincorporated Areas of
feet upstream of Moss Watauga County.
Hill Road.
Approximately 0.6 mile None +3418
upstream of Millers
Pond Lane.
Left Prong Stony Fork............... At the Watauga/Wilkes None +1639 Unincorporated Areas of
County boundary. Watauga County.
Approximately 220 feet None +1947
upstream of the
confluence of Wildcat
Creek.
Meat Camp Creek..................... At the confluence with +3057 +3058 Unincorporated Areas of
South Fork New River. Watauga County.
Approximately 1.1 miles None +3495
upstream of Bryan
Hollow Road (State
Road 1339).
Meat Camp Creek Tributary........... At the confluence with None +3156 Unincorporated Areas of
Meat Camp Creek. Watauga County.
Approximately 1,160 None +3213
feet upstream of NC
194 Highway North.
Middle Fork......................... Approximately 500 feet +3458 +3455 Unincorporated Areas of
downstream of Shoppes Watauga County, Town
On The Parkway Road. of Blowing Rock.
Approximately 0.4 mile None +3630
upstream of Goforth
Road.

[[Page 53813]]

Norris Fork......................... At the confluence with None +3200 Unincorporated Areas of
Meat Camp Creek. Watauga County.
Approximately 0.4 mile None +3248
upstream of the
confluence with Meat
Camp Creek.
Pine Orchard Creek.................. At the confluence with None +2974 Unincorporated Areas of
Elk Creek (into South Watauga County.
Fork New River).
Approximately 0.7 mile None +3041
upstream of the
confluence with Elk
Creek (into South Fork
New River).
Stony Fork.......................... At the Watauga/Wilkes None +1975 Unincorporated Areas of
County boundary. Watauga County.
Approximately 40 feet None +2265
downstream of Stoney
Fork Road.
Stony Fork Tributary................ At the confluence with None +2260 Unincorporated Areas of
Stony Fork. Watauga County.
Approximately 1,470 None +2341
feet upstream of
Stoney Fork Road.
Unnamed Tributary to Middle Fork.... At the confluence with +3479 +3477 Unincorporated Areas of
Middle Fork. Watauga County, Town
of Blowing Rock.
Approximately 0.7 mile None +3546
upstream of Chetola
Lake Drive.
Wildcat Creek....................... At the confluence with None +1941 Unincorporated Areas of
Left Prong Stony Fork. Watauga County.
Approximately 0.6 mile None +2469
upstream of Bill
Miller Lane.
Winkler Creek....................... Approximately 150 feet +3114 +3113 Unincorporated Areas of
downstream of Pride Watauga County, Town
Drive. of Boone.
Approximately 300 feet None +3442
upstream of Rainbow
Mountain Road.
�������������������������������������
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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 None +1116 City of Milbank,
upstream of 479th Unincorporated Areas
Avenue. of Grant County.
Approximately 790 feet None +1132
upstream of North
Dakota Street.
�������������������������������������
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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.

[[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

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