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