[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Proposed Rules]
[Pages 52230-52233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20822]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

 [Docket No. FEMA-B-1003]


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 December 8, 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-1003, 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.(email) [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.


Sec.  67.4  [Amended]

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

[[Page 52231]]



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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
----------------------------------------------------------------------------------------------------------------
                              Hunterdon County, New Jersey, and Incorporated Areas
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Back Brook..........................  Upstream of Van Lieu's          +117         +119  Township of East
                                       Rd.                                                Amwell.
                                      Upstream of Route 179..         +193         +195
First Neshanic River................  Downstream of U.S.              +147         +148  Township of Raritan.
                                       Route 202.
                                      Upstream of Railroad...         +154         +160
Holland Brook.......................  Downstream of Hillcrest/         +99         +101  Township of Readington.
                                       Centerville Rd.
                                      Upstream of Holland             +148         +148
                                       Brook Rd.
Neshanic River......................  Downstream of Rainbow           +106         +104  Township of East
                                       Hill Rd.                                           Amwell.
                                      Downstream of Old York          +120         +125
                                       Rd.
Neshanic River......................  Upstream of Everitt Rd.         +123         +128  Township of Raritan.
                                      Downstream of Kuhl Rd..         +135         +137
Second Neshanic River...............  Upstream of U.S. Route          +141         +143  Township of Raritan.
                                       202.
                                      Upstream of Joanna Farm         +171         +172
                                       Rd.
South Branch Raritan River..........  Downstream of Old York           +97          +97  Township of Raritan.
                                       Rd.
                                      Downstream of Railroad.         +106         +107
South Branch Raritan River..........  Upstream of                      +92          +92  Township of Readington.
                                       Higginsville Rd.
                                      Downstream of                   +104         +104
                                       Rockafellows Mills Rd.
Third Neshanic River................  Downstream of U.S.              +137         +140  Township of Raritan.
                                       Route 202.
                                      Upstream of Everitt Rd.         +149         +152
Walnut Brook........................  Upstream of Railroad...         +154         +160  Township of Raritan.
                                      Upstream of Mine Rd....         +189         +191
Walnut Brook........................  Upstream of Corporate           +167         +170  Borough of Flemington.
                                       Limits.
                                      Upstream State Route 12         +179         +180
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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
 
Borough of Flemington
Maps are available for inspection at Borough Hall, 38 Park Avenue, Flemington, NJ 08822.
 
Township of East Amwell
Maps are available for inspection at Municipal Building, 1070 Route 202/31, Ringoes, NJ 08551-1051.
 
Township of Raritan
Maps are available for inspection at Municipal Building, One Municipal Drive, Flemington, NJ 08822.
 
Township of Readington
Maps are available for inspection at Municipal Building, 509 Route 523, Whitehouse Station, NJ 08889.
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                           Transylvania County, North Carolina, and Incorporated Areas
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Allison Creek.......................  Approximately 450 feet         +2115        +2116  Unincorporated Areas of
                                       upstream of the                                    Transylvania County,
                                       confluence with Lamb                               City of Brevard.
                                       Creek.
                                      Approximately 1,100            +2189        +2187
                                       feet upstream of Camp
                                       Straus Road.
Davidson River Tributary 1..........  At the confluence with         +2108        +2109  Unincorporated Areas of
                                       Davidson River.                                    Transylvania County,
                                                                                          City of Brevard.
                                      Approximately 1,440            +2138        +2144
                                       feet upstream of
                                       Ecusta Road.
Lime Kiln Creek.....................  Approximately 0.6 mile         +2149        +2150  Unincorporated Areas of
                                       upstream of the                                    Transylvania County.
                                       confluence with French
                                       Broad River.
                                      Approximately 750 feet         +2211        +2213
                                       upstream of Ross Road
                                       (State Road 1334).
Mason Creek.........................  Approximately 50 feet          +2158        +2159  Unincorporated Areas of
                                       upstream of Whitmire                               Transylvania County.
                                       Road (State Road 1128).
                                      Approximately 0.4 mile         +2209        +2227
                                       upstream of
                                       Cherryfield Loop
                                       (State Road 1392).
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 

[[Page 52232]]

 
** 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 Brevard
Maps are available for inspection at City of Brevard Planning Department, 95 West Main Street, Brevard, NC.
 
                                   Unincorporated Areas of Transylvania County
Maps are available for inspection at Transylvania County Inspections Department, 98 East Morgan Street, Brevard,
 NC.
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                               Crockett County, Tennessee, and Incorporated Areas
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South Fork of Forked Deer River.....  At the Crockett/Madison/        None         +319  Unincorporated Areas of
                                       Haywood county                                     Crockett County.
                                       boundary.
                                      Approximately 1,365             None         +324
                                       feet upstream of the
                                       confluence with
                                       Connley Creek (At the
                                       Crockett/Madison
                                       county boundary).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
                                     Unincorporated Areas of Crockett County
Maps are available for inspection at 1 S. Bell Street, Courthouse, Alamo, TN 38001.
----------------------------------------------------------------------------------------------------------------
                                Dickson County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
East Piney River....................  At the confluence of            None         +584  Unincorporated Areas of
                                       Piney River.                                       Dickson County, City
                                                                                          of Dickson.
                                      Approximately 3,400             None         +696
                                       feet upstream of the
                                       confluence of Willow
                                       Branch.
Fivemile Creek......................  Approximately 2,700             None         +548  Unincorporated Areas of
                                       feet downstream of                                 Dickson County, Town
                                       County Highway 1847.                               of White Bluff.
                                      Approximately 3,370             None         +584
                                       feet upstream of
                                       County Highway 1847.
Piney River.........................  At the confluence with          None         +584  Unincorporated Areas of
                                       East Piney River.                                  Dickson County.
                                      Approximately 200 feet          None         +629
                                       upstream of County
                                       Road 1858.
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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 Dickson
Maps are available for inspection at Director of Planning and Zoning, 200 Center Avenue, Dickson, TN 37055.
 
Town of White Bluff
Maps are available for inspection at 1016 Taylor Town Road, White Bluff, TN 37187.
 
                                     Unincorporated Areas of Dickson County
Maps are available for inspection at Director of Planning and Zoning, 2 Court Square, Charlotte, TN 37036.
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[[Page 52233]]

 
                               Humphreys County, Tennessee, and Incorporated Areas
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Kentucky Lake (Tennessee River).....  At the Humphreys/Perry/         None         +375  Humphreys County, City
                                       Benton county boundary.                            of New Johnsonville.
                                      At the Humphreys/               None         +375
                                       Houston/Benton county
                                       boundary.
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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 New Johnsonville
Maps are available for inspection at City Hall, 323 Long Street, New Johnsonville, TN 37134.
 
Humphreys County
Maps are available for inspection at Chamber of Commerce, 124 E. Main Street, Waverly, TN 37185.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: August 26, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. E8-20822 Filed 9-8-08; 8:45 am]
BILLING CODE 9110-12-P