Proposed Flood Elevation Determinations, 76318-76322 [E8-29763]

Download as PDF mstockstill on PROD1PC66 with PROPOSALS 76318 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Proposed Rules (1) A vessel of 500 gross tonnage or more; (2) A vessel of 300 gross tonnage or more, on an international voyage; and (3) A vessel of 150 gross tonnage or more, when carrying more than 12 passengers on an international voyage. (d) Operations. The requirements in this paragraph are applicable to any vessel equipped with AIS. (1) Use of AIS does not relieve the vessel of the requirements to sound whistle signals or display lights or shapes in accordance with the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), 28 U.S.T. 3459, T.I.A.S. 8587, or Inland Navigation Rules, 33 U.S.C. 2001 through 2073; nor of the radio requirements of the Vessel Bridge-toBridge Radiotelephone Act, 33 U.S.C. 1201–1208, part 26 of this chapter, and 47 CFR part 80. (2) AIS must be maintained in effective operating conditions which includes the: (i) Ability to reinitialize the AIS should the need arise (this could require access and knowledge of the AIS power source and password); (ii) Ability to access AIS information from the primary conning position of the vessel; (iii) Accurate broadcast of a properly assigned Maritime Mobile Service Identity (MMSI) number; (iv) Accurate input and upkeep of all AIS data and system updates; and (v) Continual operation of AIS, and its associated devices (e.g., GPS, gyro, converters), at all times the vessel is underway, at anchor, or moored in or near a commercial channel or shipping fairway in operations likely to restrict or affect navigation of other vessels, except— (A) When use of AIS would compromise the safety or security of the vessel or a security incident is imminent. (B) The AIS should be returned to continuous operation as soon as the compromise has been mitigated or the security incident has passed. At that time, those vessels denoted in paragraph (b), must report to the nearest U.S. Captain of the Port or Vessel Traffic Center, and record in the ship’s official log, the AIS operational interruption and the reason for the interruption. (3) AIS messaging must be conducted in English and solely to exchange or communicate navigation safety information (for example, SECURITE). Although not prohibited, it should not be relied upon as the primary means for broadcasting distress or urgent communications (for example, MAYDAY or PAN PAN). (47 CFR VerDate Aug<31>2005 17:08 Dec 15, 2008 Jkt 217001 80.1109, Distress, urgency, and safety communications). Note to paragraph (d): AIS devices must be able to broadcast vessel position, course, and speed, and may require the input of an external positioning device (e.g., DGPS) to do so. Although of great benefit, the integration of existing, or installation of, other external devices or displays (e.g., transmitting heading device, gyro, rate of turn indicator, ECDIS/ECS, and radar) is highly recommended but is not currently required except as denoted in § 164.46(c). (e) Watchkeeping. AIS is primarily intended for use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who must maintain a periodic watch for AIS information. (f) Portable AIS. The use of a portable AIS is permissible only to the extent that electromagnetic interference does not affect the proper function of existing navigation and communication equipment on board and such that only one AIS unit may be in operation at any one time. (g) Pilot Port. The AIS Pilot Port, on any vessel subject to pilotage, must be readily available and easily accessible from the primary conning position of the vessel and within at least 3 feet of a 120-volt 50/60 Hz AC power receptacle. (h) Exceptions. Only those vessels that operate solely within a very confined area (e.g., less than a one nautical-mile radius, shipyard, fleeting area), or on short and fixed schedules (e.g., a bank-to-bank river ferry service), or that otherwise are not likely to encounter another AIS equipped vessel, may request a yearly deviation from this section as set forth in § 164.55. (i) Implementation date. Those vessels identified in paragraph (b) of this section that were not previously subject to AIS carriage must install AIS no later than [date of the first day of the seventh month after publication of the final rule to be inserted]. § 164.53 [Amended] 27. In § 164.53(b), following the word ‘‘vessel’s’’, add the phrase ‘‘automatic identification system (AIS),’’. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 28. The authority citation for part 165 is revised to read as follows: Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 § 165.1704 [Amended] 29. In § 165.1704, in paragraph (c)(4), following the punctuation mark ‘‘;’’, add the word ‘‘and’’; in paragraph (c)(5), following the term ‘‘6 knots’’, remove ‘‘; and’’ and add, in their place, the punctuation mark ‘‘.’’; and remove paragraph (c)(6). Dated: December 2, 2008. Thad W. Allen, Admiral, U.S. Coast Guard Commandant. [FR Doc. E8–29698 Filed 12–11–08; 4:15 pm] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–1024] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. 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 March 16, 2009. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are available for inspection at the community’s map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA–B–1024, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Proposed Rules 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 Flooding source(s) requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and do not fall under the APA. National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [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 ** 76319 Effective Communities affected Modified Ventura County, California, and Incorporated Areas Arroya Santa Rosa ............. Arroyo Santa Rosa Tributary. Calleguas Creek ................. Camarillo Hills Drain ........... Edgemore Drain ................. Mission Drain ...................... mstockstill on PROD1PC66 with PROPOSALS Peach Hill Wash ................. Somis Drain ........................ West Camarillo Hills Tributary. VerDate Aug<31>2005 At the confluence with Conejo Creek ............................ +232 +233 Approximately 0.6 mile upstream of East Las Posas Road. At the confluence with Arroyo Santa Rosa .................... +381 +378 +258 +250 Approximately 400 feet upstream of Santa Rosa Road Approximately 100 feet downstream of U.S. Highway 101. None +141 +379 +143 Approximately 0.9 mile upstream of Seminary Road .... Approximately 40 feet upstream of West Ventura Boulevard. At Arneill Road ............................................................... At the confluence with Camarillo Hills Drain .................. Approximately 520 feet upstream of Getman Street ..... At the confluence with Camarillo Hills Drain .................. Approximately 430 feet downstream of Mission Drive .. At the confluence with Arroyo Simi ................................ +241 +92 +248 +95 None None None None None +427 +185 +117 +153 +132 +173 +426 +475 +477 +165 None None +168 +203 +124 Approximately 1,170 feet upstream of Country Hill Road. At the confluence with Calleguas Creek ........................ At Las Posas Road ........................................................ At the confluence with Camarillo Hills Drain .................. 17:08 Dec 15, 2008 Jkt 217001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 Unincorporated Areas of Ventura County. Unincorporated Areas of Ventura County. Unincorporated Areas of Ventura County, City of Camarillo. City of Camarillo. City of Camarillo. City of Camarillo. City of Moorpark, Unincorporated Areas of Ventura County. City of Camarillo. City of Camarillo. 76320 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation ** Effective Approximately 20 feet downstream of Las Posas Road None Communities affected Modified +155 * 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 Camarillo Maps are available for inspection at Camarillo City Hall, 601 Carmen Drive, Camarillo, CA. City of Moorpark Maps are available for inspection at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA. Unincorporated Areas of Ventura County Maps are available for inspection at Ventura County Hall of Administration, 800 South Victoria Avenue, Ventura, CA. Gage County, Nebraska, and Incorporated Areas Big Blue River .................... Big Blue River Tributary 44 Big Blue River backwater on Bills Creek. Approximately 900 feet upstream of State Highway 8 .. None +1195 Unincorporated Areas of Gage County. Approximately 0.5 mile upstream of State Highway 8 ... Upstream of South 25th Street ...................................... Downstream of Scott Street ........................................... Approximately 1,200 feet downstream of South A Street. Approximately 600 feet downstream of South A Street None +1254 None None +1196 +1261 +1273 +1217 City of Beatrice. None +1217 City of Wymore. * 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 Beatrice Maps are available for inspection at City Hall, 400 Ella Street, Beatrice, NE 68310. City of Wymore Maps are available for inspection at City Office, 115 West East Street, Wymore, NE 68466. Unincorporated Areas of Gage County Maps are available for inspection at Gage County Highway Department, 823 South 8th Street, Beatrice, NE 68310. Jackson County, North Carolina, and Incorporated Areas At the confluence with Mill Creek (into Tuckasegee River). None +2114 Tuckasegee River .............. Approximately 1,200 feet upstream of Big Orange Way Approximately 150 feet downstream of the Jackson/ Swain County boundary. None None +2136 +1835 The confluence of Greenland Creek and Panthertown Creek. mstockstill on PROD1PC66 with PROPOSALS Bumgarner Branch ............. None Town of Sylva, Unincorporated Areas of Jackson County. +3654 Town of Dillsboro, Unincorporated Areas of Jackson 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 Town of Dillsboro Maps are available for inspection at Dillsboro Town Office, 42 Front Street, Dillsboro, NC. VerDate Aug<31>2005 17:08 Dec 15, 2008 Jkt 217001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation ** Effective 76321 Communities affected Modified Town of Sylva Maps are available for inspection at Sylva Town Hall, 83 Allen Street, Sylva, NC. Unincorporated Areas of Jackson County Maps are available for inspection at Jackson County Inspections Department, 401 Grindstaff Cove Road, Suite 105, Sylva, NC. Pottawatomie County, Oklahoma, and Incorporated Areas Tributary #1 to Rock Creek Tributary #1 to Tributary #2 to Rock Creek. Confluence with Rock Creek and Tributary #1 to Rock Creek. Approximately 1,565 feet upstream of Kickapoo Street Approximately 500 feet downstream of Union Street .... Intersection of 45th Street and Tributary #1 to Tributary #2 to Rock Creek. +973 +974 City of Shawnee. +985 None +986 +989 City of Shawnee. None +1021 * 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 Shawnee Maps are available for inspection at County Courthouse, 325 N. Broadway, Shawnee, OK 74801. Monroe County, Tennessee, and Incorporated Areas Sweetwater Creek .............. +903 +917 None None +908 +918 +920 +888 248 Feet Upstream of State Highway ............................ Sweetwater Creek .............. 121 feet upstream of State Highway 322 ...................... 290 feet downstream of State Highway 68 .................... 1,655 feet upstream of State Highway .......................... 1,430 feet downstream of North Main Street ................. None City of Sweetwater. +920 Unincorporated Areas of Monroe County, City of Sweetwater. mstockstill on PROD1PC66 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 Sweetwater Maps are available for inspection at 203 Monroe Street, Sweetwater, TN 37874. Unincorporated Areas of Monroe County Maps are available for inspection at 310 Tellico Street, Suite 2, Madisonville, TN 37354. VerDate Aug<31>2005 17:08 Dec 15, 2008 Jkt 217001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 76322 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Proposed Rules (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: December 5, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–29763 Filed 12–15–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY 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. Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–1025] AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. mstockstill on PROD1PC66 with PROPOSALS 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 March 16, 2009. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are available for inspection 18:35 Dec 15, 2008 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 SUPPLEMENTARY INFORMATION: Proposed Flood Elevation Determinations VerDate Aug<31>2005 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–1025, 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. Jkt 217001 PO 00000 Frm 00035 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\16DEP1.SGM 16DEP1

Agencies

[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Proposed Rules]
[Pages 76318-76322]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29763]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1024]


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 March 16, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community are available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1024, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal

[[Page 76319]]

Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3151, or (e-mail) bill.blanton@dhs.gov.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3151 or.(e-mail) bill.blanton@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) proposes to make determinations of BFEs and modified BFEs for 
each community listed below, in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain 
management criteria required by 44 CFR 60.3, are the minimum that are 
required. They should not be construed to mean that the community must 
change any existing ordinances that are more stringent in their 
floodplain management requirements. The community may at any time enact 
stricter requirements of its own, or pursuant to policies established 
by other Federal, State, or regional entities. These proposed 
elevations are used to meet the floodplain management requirements of 
the NFIP and are also used to calculate the appropriate flood insurance 
premium rates for new buildings built after these elevations are made 
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other 
than the proposed BFEs, will be considered. A letter acknowledging 
receipt of any comments will not be sent.
    Administrative Procedure Act Statement. This matter is not a 
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 
553. FEMA publishes flood elevation determinations for notice and 
comment; however, they are governed by the Flood Disaster Protection 
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. An environmental impact assessment has not 
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This 
proposed rule is not a significant regulatory action under the criteria 
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule 
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp., p. 376.


Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    * Elevation in feet
                                                                   (NGVD) + Elevation in
                                                                   feet (NAVD) 
         Flooding source(s)            Location of referenced       Depth in feet above     Communities affected
                                            elevation **                  ground
                                                                --------------------------
                                                                  Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Ventura County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Arroya Santa Rosa..................  At the confluence with             +232         +233  Unincorporated Areas
                                      Conejo Creek.                                         of Ventura County.
                                     Approximately 0.6 mile             +381         +378
                                      upstream of East Las
                                      Posas Road.
Arroyo Santa Rosa Tributary........  At the confluence with             +258         +250  Unincorporated Areas
                                      Arroyo Santa Rosa.                                    of Ventura County.
                                     Approximately 400 feet             None         +379
                                      upstream of Santa Rosa
                                      Road.
Calleguas Creek....................  Approximately 100 feet             +141         +143  Unincorporated Areas
                                      downstream of U.S.                                    of Ventura County,
                                      Highway 101.                                          City of Camarillo.
                                     Approximately 0.9 mile             +241         +248
                                      upstream of Seminary Road.
Camarillo Hills Drain..............  Approximately 40 feet               +92          +95  City of Camarillo.
                                      upstream of West Ventura
                                      Boulevard.
                                     At Arneill Road...........         None         +185
Edgemore Drain.....................  At the confluence with             None         +117  City of Camarillo.
                                      Camarillo Hills Drain.
                                     Approximately 520 feet             None         +153
                                      upstream of Getman Street.
Mission Drain......................  At the confluence with             None         +132  City of Camarillo.
                                      Camarillo Hills Drain.
                                     Approximately 430 feet             None         +173
                                      downstream of Mission
                                      Drive.
Peach Hill Wash....................  At the confluence with             +427         +426  City of Moorpark,
                                      Arroyo Simi.                                          Unincorporated Areas
                                                                                            of Ventura County.
                                     Approximately 1,170 feet           +475         +477
                                      upstream of Country Hill
                                      Road.
Somis Drain........................  At the confluence with             +165         +168  City of Camarillo.
                                      Calleguas Creek.
                                     At Las Posas Road.........         None         +203
West Camarillo Hills Tributary.....  At the confluence with             None         +124  City of Camarillo.
                                      Camarillo Hills Drain.

[[Page 76320]]

 
                                     Approximately 20 feet              None         +155
                                      downstream of Las Posas
                                      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 Camarillo
Maps are available for inspection at Camarillo City Hall, 601 Carmen Drive, Camarillo, CA.
City of Moorpark
Maps are available for inspection at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA.
 
                                     Unincorporated Areas of Ventura County
Maps are available for inspection at Ventura County Hall of Administration, 800 South Victoria Avenue, Ventura,
 CA.
----------------------------------------------------------------------------------------------------------------
                                  Gage County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Blue River.....................  Approximately 900 feet             None        +1195  Unincorporated Areas
                                      upstream of State Highway                             of Gage County.
                                      8.
                                     Approximately 0.5 mile             None        +1196
                                      upstream of State Highway
                                      8.
Big Blue River Tributary 44........  Upstream of South 25th            +1254        +1261  City of Beatrice.
                                      Street.
                                     Downstream of Scott Street         None        +1273
Big Blue River backwater on Bills    Approximately 1,200 feet           None        +1217  City of Wymore.
 Creek.                               downstream of South A
                                      Street.
                                     Approximately 600 feet             None        +1217
                                      downstream of South A
                                      Street.
----------------------------------------------------------------------------------------------------------------
* 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 Beatrice
Maps are available for inspection at City Hall, 400 Ella Street, Beatrice, NE 68310.
City of Wymore
Maps are available for inspection at City Office, 115 West East Street, Wymore, NE 68466.
 
                                       Unincorporated Areas of Gage County
Maps are available for inspection at Gage County Highway Department, 823 South 8th Street, Beatrice, NE 68310.
----------------------------------------------------------------------------------------------------------------
                             Jackson County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bumgarner Branch...................  At the confluence with             None        +2114  Town of Sylva,
                                      Mill Creek (into                                      Unincorporated Areas
                                      Tuckasegee River).                                    of Jackson County.
                                     Approximately 1,200 feet           None        +2136
                                      upstream of Big Orange
                                      Way.
Tuckasegee River...................  Approximately 150 feet             None        +1835  Town of Dillsboro,
                                      downstream of the Jackson/                            Unincorporated Areas
                                      Swain County boundary.                                of Jackson County.
                                     The confluence of                  None        +3654
                                      Greenland Creek and
                                      Panthertown 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
Town of Dillsboro
Maps are available for inspection at Dillsboro Town Office, 42 Front Street, Dillsboro, NC.

[[Page 76321]]

 
Town of Sylva
Maps are available for inspection at Sylva Town Hall, 83 Allen Street, Sylva, NC.
 
 
qdrt]Maps are available for inspection at Jackson County Inspections Department, 401 Grindstaff Cove Road, Suite
 105, Sylva, NC.
----------------------------------------------------------------------------------------------------------------
                              Pottawatomie County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tributary 1 to Rock Creek.  Confluence with Rock Creek         +973         +974  City of Shawnee.
                                      and Tributary 1
                                      to Rock Creek.
                                     Approximately 1,565 feet           +985         +986
                                      upstream of Kickapoo
                                      Street.
Tributary 1 to Tributary    Approximately 500 feet             None         +989  City of Shawnee.
 2 to Rock Creek.            downstream of Union
                                      Street.
                                     Intersection of 45th               None        +1021
                                      Street and Tributary
                                      1 to Tributary
                                      2 to Rock 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 Shawnee
Maps are available for inspection at County Courthouse, 325 N. Broadway, Shawnee, OK 74801.
----------------------------------------------------------------------------------------------------------------
                                Monroe County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Sweetwater Creek...................  121 feet upstream of State         +903         +908  City of Sweetwater.
                                      Highway 322.
                                     290 feet downstream of             +917         +918
                                      State Highway 68.
                                     1,655 feet upstream of             None         +920
                                      State Highway.
Sweetwater Creek...................  1,430 feet downstream of           None         +888  Unincorporated Areas
                                      North Main Street.                                    of Monroe County,
                                                                                            City of Sweetwater.
                                     248 Feet Upstream of State         None         +920
                                      Highway.
----------------------------------------------------------------------------------------------------------------
* 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 Sweetwater
Maps are available for inspection at 203 Monroe Street, Sweetwater, TN 37874.
 
                                      Unincorporated Areas of Monroe County
Maps are available for inspection at 310 Tellico Street, Suite 2, Madisonville, TN 37354.
----------------------------------------------------------------------------------------------------------------


[[Page 76322]]

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

    Dated: December 5, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-29763 Filed 12-15-08; 8:45 am]
BILLING CODE 9110-12-P