Proposed Flood Elevation Determinations, 55469-55473 [E8-22523]
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Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: September 15, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E8–22557 Filed 9–24–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
44 CFR Part 67
[Docket No. FEMA–B–1007]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
sroberts on PROD1PC70 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
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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.
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.
SUPPLEMENTARY INFORMATION:
Federal Emergency Management
Agency
VerDate Aug<31>2005
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.
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55469
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
[Amended]
2. The tables published under the
authority of § 67.4 are proposed to be
amended as follows:
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55470
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet above
ground
Location of referenced elevation **
Effective
Communities affected
Modified
Mohave County, Arizona, and Incorporated Areas
Williams Wash ......................
Approximately 250 feet upstream of confluence Highland/Green Wash.
Approximately 622 feet upstream of La Puerta Road
#2
+703
None
City of Bullhead City.
+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 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 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.
To the Schuyler/Morgan County Border at river mile
83.8; approximately the mouth of the La Moine
River.
+447
+448
+448
Unincorporated Areas of
Brown County.
+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.
Anderson County and Mercer County corporate limits.
None
+509
None
Unincorporated Areas of
Anderson County.
+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.
sroberts on PROD1PC70 with PROPOSALS
Henderson County, Kentucky, and Incorporated Areas
Canoe Creek .........................
Just upstream US–41 ...................................................
None
+376
Elam Ditch .............................
At confluence with Elam Ditch .....................................
At confluence with Canoe Creek ..................................
None
None
+383
+383
At Airline Road (KY–812) .............................................
None
+393
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Unincorporated Areas of
Henderson County, City
of Henderson.
Unincorporated Areas of
Henderson County.
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet above
ground
Location of referenced elevation **
Effective
55471
Communities affected
Modified
Elam Ditch Tributary 1 ..........
At confluence with Elam Ditch .....................................
None
+384
None
+395
Elam Ditch Tributary 2 ..........
Approximately 1250 feet downstream Toy Anthoston
Road (KY–2677).
At confluence with Elam Ditch .....................................
None
+384
Elam Ditch Tributary 3 ..........
Just downstream Airline Road (KY–812) .....................
At confluence with Elam Ditch .....................................
None
None
+395
+384
Kimsey Lane Left Tributary ...
Just downstream Toy Anthoston ..................................
At confluence with North Fork Canoe Creek ...............
None
+387
+389
+388
Kimsey Lane Right Tributary
Approximately 750 feet upstream Van Wyk Road .......
At confluence with North Fork Canoe Creek ...............
+387
+387
+388
+388
Middle Canoe Creek .............
At Kinsey Lane (KY–6112) ...........................................
At confluence with Sellers Ditch ...................................
+387
+379
+388
+382
North Fork Canoe Creek ......
At confluence with Elam Ditch .....................................
At confluence with Canoe Creek ..................................
+380
+378
+382
+382
+387
+389
Sellers Ditch ..........................
At approximately 4000 feet upstream Kimsey Lane
(KY–6112).
At confluence with Canoe Creek ..................................
+377
+376
Approximately 200 feet upstream Old Madison Road
At confluence with North Fork Canoe Creek ...............
+379
+379
+382
+382
Tiger Ditch Tributary 1 ..........
Approximately 150 feet downstream Zion Road ..........
At confluence with Tiger Ditch (Formerly Highway 812
Tributary).
None
None
+391
+385
Upper Canoe Creek ..............
Just downstream Adams Lane .....................................
At confluence with Sellers Ditch ...................................
None
+379
+390
+382
Approximately 3800 feet upstream confluence with
East Fork Canoe Creek.
+382
+385
Tiger Ditch (Formerly Highway 812 Tributary).
Unincorporated Areas of
Henderson County.
Unincorporated Areas of
Henderson County.
Unincorporated Areas of
Henderson County.
Unincorporated Areas of
Henderson County, City
of Henderson.
Unincorporated Areas of
Henderson County, City
of Henderson.
Unincorporated Areas of
Henderson County, City
of Henderson.
Unincorporated Areas of
Henderson County, City
of Henderson.
Unincorporated Areas of
Henderson County.
Unincorporated Areas of
Henderson County, City
of Henderson.
Unincorporated Areas of
Henderson County, City
of Henderson.
Unincorporated Areas of
Henderson 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 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.
sroberts on PROD1PC70 with PROPOSALS
Jackson County, Michigan, and Incorporated Areas
Grand River ...........................
Upstream side of High Street .......................................
None
+935
Grand River ...........................
Approximately 1,400 feet upstream of Porbert Road ..
Downstream side of Maple Grove Road ......................
Approximate 0.5 mile upstream of Maple Grove Road
At confluence with Grand River ...................................
+941
None
None
None
+942
+909
+910
+935
North Branch Grand River ....
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City of Jackson, Township
of Leoni, Township of
Napoleon, Township of
Summit.
Township of Rivas.
Township of Leoni.
55472
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet above
ground
Location of referenced elevation **
Effective
North Branch Kalamazoo
River.
Vineyard Lake .......................
Communities affected
Modified
Downstream side of 5th Street .....................................
Approximately 0.6 mile upstream of N. Main Street ....
None
None
+936
+988
Approximately 1 mile upstream of N. Main Street .......
Entire shoreline of Vineyard Lake ................................
None
None
+988
+970
Township of Concord.
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
La Valle Creek ......................
Approximately 500 feet downstream of Russell Street
Approximately 150 feet upstream of the Frenchtown
Irrigation District Ditch.
Just upstream of Dechamps Bridge .............................
+3168
None
+3169
+3075
None
Unincorporated Areas of
Missoula County, City of
Missoula.
+3081
Unincorporated Areas of
Missoula County.
sroberts on PROD1PC70 with PROPOSALS
* 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.
VerDate Aug<31>2005
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Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules
(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
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[PS Docket No. 07–114; DA 08–2129]
Wireless E911 Location Accuracy
Requirements
Federal Communications
Commission.
ACTION: Proposed rule.
sroberts on PROD1PC70 with PROPOSALS
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission seeks
comment on proposals in certain ex
parte filings submitted by the
Association of Public-Safety
Communications Officials, International
(APCO), the National Emergency
Number Association (NENA), AT&T,
Sprint Nextel Corporation, and Verizon
Wireless regarding location accuracy
requirements for wireless licensees
subject to the Commission’s rules that
specify standards for wireless Enhanced
911 (E911) Phase II location accuracy
and reliability.
DATES: Comments are due October 6,
2008 by 12 p.m. Reply Comments are
due October 14, 2008 by 12 p.m.
ADDRESSES: All filings must be
addressed to the Commission’s
Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. Parties shall
also serve one copy with the
Commission’s copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, SW., Room CY–B402,
Washington, DC 20554, (202) 488–5300,
or via e-mail to fcc@bcpiweb.com. In
addition to filing comments with the
Secretary, a copy of any comments on
the Paperwork Reduction Act
information collection requirements
contained herein should be submitted to
the Federal Communications
Commission via e-mail to PRA@fcc.gov
and to Nicholas A. Fraser, Office of
Management and Budget, via e-mail to
Nicholas_A._Fraser@omb.eop.gov or via
fax at 202–395–5167.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Beers, Chief, Policy Division,
VerDate Aug<31>2005
17:10 Sep 24, 2008
Jkt 214001
Public Safety and Homeland Security
Bureau, at (202) 418–0952. For
additional information concerning the
Paperwork Reduction Act information
collection requirements contained in
this document, send an e-mail to
PRA@fcc.gov or contact Jerry Cowden at
(202) 418–0447.
SUPPLEMENTARY INFORMATION: On
November 20, 2007, the Commission
released a Report and Order (Location
Accuracy Order) requiring wireless
licensees subject to section 20.18(h) of
the Commission’s rules, which specifies
the standards for wireless Enhanced 911
(E911) Phase II location accuracy and
reliability, to satisfy these standards at
a geographical level defined by the
coverage area of a Public Safety
Answering Point (PSAP). On March 25,
2008, the United States Court of
Appeals for the District of Columbia
Circuit (Court) stayed the Location
Accuracy Order.
On July 14, 2008, APCO and the
National Emergency Number
Association (NENA) filed an ex parte
letter addressing handset-based and
network-based location accuracy
criteria, stating that they ‘‘are now
willing to accept compliance
measurements at the county level’’
rather than at the PSAP level, and that
‘‘[p]ublic safety and wireless carriers are
in current discussions on a number of
other issues associated with E9–1–1.’’
On July 31, 2008, the Commission
filed with the Court a Motion for
Voluntary Remand and Vacatur, which
requested remand based on the
proposals contained in the July 14 ex
parte letter and ‘‘[i]n light of the public
safety community’s support for revised
rules.’’ Following this filing with the
Court, NENA, APCO, Verizon Wireless,
Sprint Nextel Corporation, and AT&T
submitted written ex parte letters with
the Commission with proposed new
wireless E911 rules. Taken together,
these proposals reflect agreement among
those parties for new E911 accuracy
requirements for both handset-based
and network-based technologies, in
order to achieve E911 accuracy
compliance at the county-level. The
parties also offer plans to convene
industry groups to address related E911
issues, and AT&T included a proposal
reflecting agreement on carrier
provision of confidence and uncertainty
data to PSAPs. Copies of all relevant ex
parte submissions are included in the
Attachment to this document.
We therefore seek comment on the
proposed changed accuracy
requirements, including the
benchmarks, limitations, and exclusions
noted therein, for handset-based and
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55473
network-based location technologies.
We also invite views on the pledges to
convene industry groups to explore
related issues, and whether we should
require the provision of confidence and
uncertainty data. In sum, by this Public
Notice, the Public Safety and Homeland
Security Bureau seeks comment on all
of these proposals as well as any
alternative modifications to location
accuracy requirements. The Bureau
urges all interested parties to review the
entirety of the above-referenced ex parte
letters.
We also seek comment on the
attached Initial Regulatory Flexibility
Analysis in connection with the
proposals described.
This action is taken under delegated
authority pursuant to Sections 0.191
and 0.392 of the Commission’s rules, 47
CFR 0.191, 0.392.
This abbreviated comment cycle is
appropriate given the compelling public
interest in achieving accurate and
reliable E911 location information.
Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS) or by filing paper
copies. Comments filed through the
ECFS can be sent as an electronic file
via the Internet to https://www.fcc.gov/
cgb/ecfs/. Generally, only one copy of
an electronic submission must be filed.
If multiple docket or rulemaking
numbers appear in the caption of the
proceeding, commenters must transmit
one electronic copy of the comments to
each docket or rulemaking number
referenced in the caption. In completing
the transmittal screen, commenters
should include their full name, U.S.
Postal Service mailing address, and the
applicable docket or rulemaking
numbers. All filings concerning this
Public Notice should refer to PS Docket
No. 07–114. Parties may also submit an
electronic comment by Internet e-mail.
To get filing instructions for e-mail
comments, commenters should send an
e-mail to ecfs@fcc.gov, and should
include the following words in the body
of the message, ‘‘get form.’’ A sample
form and directions will be sent in
reply. Parties who choose to file by
paper must file an original and four
copies of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding,
commenters must submit two additional
copies for each additional docket or
rulemaking number.
Paper filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). Parties are strongly encouraged to
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]]>Agencies
[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Proposed Rules]
[Pages 55469-55473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22523]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-1007]
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 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.
Sec. 67.4 [Amended]
2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:
[[Page 55470]]
----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation ** ground
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Mohave County, Arizona, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Williams Wash....................... Approximately 250 feet 2 +703 City of Bullhead City.
upstream of confluence
Highland/Green Wash.
Approximately 622 feet None +1471
upstream of La Puerta
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
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 +447 +448 Unincorporated Areas of
flooding affecting Brown County.
community at river
mile 71.3 in Pike
County; 0.7 miles
downstream of the Pike/
Brown County Border at
approximately State
Hwy 104.
To the Schuyler/Morgan +448 +450
County Border at river
mile 83.8;
approximately the
mouth of the La Moine
River.
----------------------------------------------------------------------------------------------------------------
* 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 None +509 Unincorporated Areas of
Franklin County Anderson County.
corporate limits.
Anderson County and None +527
Mercer County
corporate limits..
----------------------------------------------------------------------------------------------------------------
* 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 None +383
Ditch.
Elam Ditch.......................... At confluence with None +383 Unincorporated Areas of
Canoe Creek. Henderson County.
At Airline Road (KY- None +393
812).
[[Page 55471]]
Elam Ditch Tributary 1.............. At confluence with Elam None +384 Unincorporated Areas of
Ditch. Henderson County.
Approximately 1250 feet None +395
downstream Toy
Anthoston Road (KY-
2677).
Elam Ditch Tributary 2.............. At confluence with Elam None +384 Unincorporated Areas of
Ditch. Henderson County.
Just downstream Airline None +395
Road (KY-812).
Elam Ditch Tributary 3.............. At confluence with Elam None +384 Unincorporated Areas of
Ditch. Henderson County.
Just downstream Toy None +389
Anthoston.
Kimsey Lane Left Tributary.......... At confluence with +387 +388 Unincorporated Areas of
North Fork Canoe Creek. Henderson County, City
of Henderson.
Approximately 750 feet +387 +388
upstream Van Wyk Road.
Kimsey Lane Right Tributary......... At confluence with +387 +388 Unincorporated Areas of
North Fork Canoe Creek. Henderson County, City
of Henderson.
At Kinsey Lane (KY- +387 +388
6112).
Middle Canoe Creek.................. At confluence with +379 +382 Unincorporated Areas of
Sellers Ditch. Henderson County, City
of Henderson.
At confluence with Elam +380 +382
Ditch.
North Fork Canoe Creek.............. At confluence with +378 +382 Unincorporated Areas of
Canoe Creek. Henderson County, City
of Henderson.
At approximately 4000 +387 +389
feet upstream Kimsey
Lane (KY-6112).
Sellers Ditch....................... At confluence with +377 +376 Unincorporated Areas of
Canoe Creek. Henderson County.
Approximately 200 feet +379 +382
upstream Old Madison
Road.
Tiger Ditch (Formerly Highway 812 At confluence with +379 +382 Unincorporated Areas of
Tributary). North Fork Canoe Creek. Henderson County, City
of Henderson.
Approximately 150 feet None +391
downstream Zion Road.
Tiger Ditch Tributary 1............. At confluence with None +385 Unincorporated Areas of
Tiger Ditch (Formerly Henderson County, City
Highway 812 Tributary). of Henderson.
Just downstream Adams None +390
Lane.
Upper Canoe Creek................... At confluence with +379 +382 Unincorporated Areas of
Sellers Ditch. Henderson County.
Approximately 3800 feet +382 +385
upstream confluence
with East Fork Canoe
Creek.
----------------------------------------------------------------------------------------------------------------
* 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 None +935 City of Jackson,
Street. Township of Leoni,
Township of Napoleon,
Township of Summit.
Approximately 1,400 +941 +942
feet upstream of
Porbert Road.
Grand River......................... Downstream side of None +909 Township of Rivas.
Maple Grove Road.
Approximate 0.5 mile None +910
upstream of Maple
Grove Road.
North Branch Grand River............ At confluence with None +935 Township of Leoni.
Grand River.
[[Page 55472]]
Downstream side of 5th None +936
Street.
North Branch Kalamazoo River........ Approximately 0.6 mile None +988 Township of Concord.
upstream of N. Main
Street.
Approximately 1 mile None +988
upstream of N. Main
Street.
Vineyard Lake....................... Entire shoreline of None +970 Township of Norvell,
Vineyard Lake. 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 +3160 +3157 Unincorporated Areas of
upstream of Reserve Missoula County, City
Street. of Missoula.
Approximately 500 feet +3168 +3169
downstream of Russell
Street.
La Valle Creek...................... Approximately 150 feet None +3075 Unincorporated Areas of
upstream of the Missoula County.
Frenchtown Irrigation
District Ditch.
Just upstream of None +3081
Dechamps Bridge.
----------------------------------------------------------------------------------------------------------------
* 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.
----------------------------------------------------------------------------------------------------------------
[[Page 55473]]
(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
