[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Proposed Rules]
[Pages 35112-35115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13932]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7786]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 September 18, 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-7786, 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) 
[email protected].

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) [email protected].

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.

[[Page 35113]]

Sec.  67.4  [Amended]

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

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                                                                    * Elevation in feet
                                                                   (NGVD) + Elevation in
                                                                   feet (NAVD) 
         Flooding source(s)            Location of referenced       Depth in feet above     Communities affected
                                            elevation **                  ground
                                                                --------------------------
                                                                  Effective     Modified
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                               Lauderdale County, Alabama, and Incorporated Areas
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Tennessee River (Navigation          Approximately 981 feet             +431         +432  City of Florence.
 Channel).                            upstream of the
                                      intersection of
                                      Sweetwater Creek and XS B
                                      of Tennessee River.
                                     Approximately 2238 feet            +431         +435
                                      upstream of the
                                      intersection of Tennessee
                                      River and XS D of
                                      Tennessee River.
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* 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 Florence
Maps are available for inspection at 110 West College Street, Florence, AL 35630.
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                               Leavenworth County, Kansas, and Incorporated Areas
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Stranger Creek.....................  At Highway 32.............         +798         +796  Unincorporated Areas
                                                                                            of Leavenworth
                                                                                            County, City of
                                                                                            Easton, City of
                                                                                            Linwood.
                                     At Tonganoxie Road........         None         +842
                                     At Millwood Road..........         None         +914
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* 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 Easton
Maps are available for inspection at City Hall, 300 W. Riley, Easton, KS 66020.
 
City of Linwood
Maps are available for inspection at City Hall, 306 Main Street, Linwood, KS 66052.
 
                                   Unincorporated Areas of Leavenworth County
Maps are available for inspection at Leavenworth County Courthouse, 4th and Walnut, Leavenworth, KS 66048.
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                               Vermilion Parish, Louisiana, and Incorporated Areas
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Gulf of Mexico.....................  Base Flood Elevation                +11       +10-13  Town of Erath.
                                      changes ranging from 10
                                      to 13 feet in the form of
                                      AE and VE zones have been
                                      made.
Gulf of Mexico.....................  Base Flood Elevation              +9-11        +9-11  Town of Delcambre.
                                      changes ranging from 9 to
                                      11 feet in the form of AE
                                      and VE zones have been
                                      made.
Gulf of Mexico.....................  Base Flood Elevation               None           +7  Town of Gueydan.
                                      changes of 7 feet in the
                                      form of VE zones have
                                      been made.
Gulf of Mexico.....................  Base Flood Elevations            +11-19       +11-18  Unincorporated Areas
                                      changes ranging from 11                               of Vermilion Parish.
                                      to 18 feet in the form of
                                      AE and VE zones have been
                                      made.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 35114]]

 
** 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 Erath
Maps are available for inspection at 115 West Edwards Street, Erath, LA 70533.
 
Town of Delcambre
Maps are available for inspection at 107 North Railroad, Delcambre, LA 70528.
 
Town of Gueydan
Maps are available for inspection at 600 Main Street, Gueydan, LA 70542.
 
                                    Unincorporated Areas of Vermilion Parish
Maps are available for inspection at 100 N. State Street, Suite 200, Abbeville, LA 70510.
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                              Bristol County, Massachusetts, and Incorporated Areas
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Buzzards Bay.......................  Approximately 1,650 feet            +13          +24  Town of Dartmouth,
                                      East of intersection of                               Town of Westport.
                                      River Road and Redwing
                                      Lane.
                                     Approximately 875 feet              +31          +24
                                      south from end of Club
                                      House Drive.
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* 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 Dartmouth
Maps are available for inspection at Town Hall, 400 Slocum Road, Dartmouth, MA 02747.
 
Town of Westport
Maps are available for inspection at Town Hall, 816 Main Road, Westport, MA 02790.
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                             Plymouth County, Massachusetts, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean.....................  Approximately 150 feet              +17          +19  Town of Hull, Town of
                                      south of intersection of                              Mattapoisett.
                                      Brant Beach Avenue and
                                      Ocean View Avenue.
                                     Approximately 210 feet               +9          +33
                                      southeast of intersection
                                      of Highland Avenue and
                                      Mount Pleasant Way.
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* 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 Hull
Maps are available for inspection at Town Hall, 253 Atlantic Avenue, Hull, MA 02045.
 
Town of Mattapoisett
Maps are available for inspection at Town Hall, 16 Main Street, Mattapoisett, MA 02739.
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[[Page 35115]]

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

    Dated: June 10, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-13932 Filed 6-19-08; 8:45 am]
BILLING CODE 9110-12-P