[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Proposed Rules]
[Pages 53809-53814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21687]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1004]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Comments are requested on the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and proposed BFE modifications for the 
communities listed in the table below. The purpose of this notice is to 
seek general information and comment regarding the proposed regulatory 
flood elevations for the reach described by the downstream and upstream 
locations in the table below. The BFEs and modified BFEs are a part of 
the floodplain management measures that the community is required 
either to adopt or show evidence of having in effect in order to 
qualify or remain qualified for participation in the National Flood 
Insurance Program (NFIP). In addition, these elevations, once 
finalized, will be used by insurance agents, and others to calculate 
appropriate flood insurance premium rates for new buildings and the 
contents in those buildings.

DATES: Comments are to be submitted on or before December 16, 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-1004, 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.

[[Page 53810]]

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
----------------------------------------------------------------------------------------------------------------
                                Orange County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Aliso Creek.........................  At confluence with                +2          +14  City of Laguna Beach,
                                       Pacific Ocean.                                     Unincorporated Areas
                                                                                          of Orange County.
                                      Approximately 1.09               +40          +41
                                       miles upstream of
                                       confluence with
                                       Pacific Ocean.
Bluebird Canyon.....................  At confluence with              None          +17  City of Laguna Beach.
                                       Pacific Ocean.
                                      Approximately 0.55 mile         +125         +124
                                       upstream of confluence
                                       with Pacific Ocean.
Canyon Acres Wash...................  Approximately 70 feet           None          +81  City of Laguna Beach.
                                       upstream of confluence
                                       with Laguna Canyon.
                                      Approximately 1,460             None         +185
                                       feet upstream of
                                       Lewellyn Drive.
Laguna Canyon.......................  At confluence with              None          +15  City of Laguna Beach,
                                       Pacific Ocean.                                     Unincorporated Areas
                                                                                          of Orange County.
                                      Approximately 0.72 mile         +343         +344
                                       upstream of upstream
                                       most State Highway 73
                                       crossing.
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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 Laguna Beach
 
Maps are available for inspection at Laguna Beach City Hall, 505 Forest Avenue, Laguna Beach, CA.
 
                                      Unincorporated Areas of Orange County
 
Maps are available for inspection at Orange County Public Works Department, 300 North Flower Street, Santa Ana,
 CA.
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                               Calcasieu Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
                                      Base Flood Elevation           +5-14        +6-17  Unincorporated areas of
                                       changes ranging from 6                             Calcasieu Parish, City
                                       to 17 feet in the form                             of Sulphur, City of
                                       of Coastal.                                        Lake Charles, City of
                                                                                          Westlake.
Gulf of Mexico......................  AE/VE zones have been    ...........  ...........  .......................
                                       made.
                                      Intersection with U.S.            +7           +5
                                       Highway 90.
Bayou Choupique.....................  Intersection with                 +9           +6  Unincorporated areas of
                                       Southern Pacific                                   Calcasieu Parish.
                                       Railroad line.
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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 Westlake
 
Maps are available for inspection at 1001 Mullberry Street, Westlake, LA 70669.
 
                                     Unincorporated Areas of Calasieu Parish
 
Maps are available for inspection at 1015 Pithon Street, Lake Charles, LA 70602.
 
City of Sulphur
 

[[Page 53811]]

 
Maps are available for inspection at 500 North Huntington Street, Sulphur, LA 70664.
 
City of Lake Charles
 
Maps are available for inspection at 326 Pujo Street, Lake Charles, LA 70602.
----------------------------------------------------------------------------------------------------------------
                            Alleghany County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bledsoe Creek.......................  At the confluence with          None        +2752  Alleghany County, Town
                                       Little River.                                      of Sparta.
                                      Approximately 920 feet          None        +2919
                                       upstream of Green
                                       Needles Lane.
Bledsoe Creek Tributary 1...........  At the confluence with          None        +2759  Town of Sparta.
                                       Bledsoe Creek.
                                      Approximately 110 feet          None        +2896
                                       upstream of Cherry
                                       Street.
Brush Creek.........................  At the confluence with          None        +2443  Alleghany County.
                                       Little River.
                                      Approximately 1.6 miles         None        +2522
                                       upstream of Fox Ridge
                                       Road.
Crab Creek..........................  At the confluence with          None        +2337  Alleghany County.
                                       Little River.
                                      Approximately 0.6 mile          None        +2366
                                       upstream of the
                                       confluence with Little
                                       River.
Cranberry Creek.....................  At the Alleghany/Ashe           None        +2739  Alleghany County.
                                       County boundary.
                                      Approximately 850 feet          None        +2743
                                       upstream of the
                                       Alleghany/Ashe County
                                       boundary.
Glade Creek.........................  At the confluence with          None        +2499  Alleghany County.
                                       Little River.
                                      Approximately 1.4 miles         None        +2529
                                       upstream of the
                                       confluence of Glade
                                       Creek Tributary 2.
Glade Creek Tributary 1.............  At the confluence with          None        +2501  Alleghany County.
                                       Glade Creek.
                                      Approximately 0.4 mile          None        +2565
                                       upstream of Fox Den
                                       Lane.
Glade Creek Tributary 2.............  At the confluence with          None        +2509  Alleghany County.
                                       Glade Creek.
                                      Approximately 0.8 mile          None        +2579
                                       upstream of the
                                       confluence with Glade
                                       Creek.
Little River........................  Approximately 1,100             None        +2333  Alleghany County, Town
                                       feet downstream of the                             of Sparta.
                                       confluence of Crab
                                       Creek.
                                      Approximately 1.0 mile          None        +2851
                                       upstream of the
                                       confluence of Little
                                       River Tributary 2.
Little River Tributary 1............  At the confluence with          None        +2587  Alleghany County.
                                       Little River.
                                      Approximately 1,950             None        +2660
                                       feet upstream of the
                                       confluence with Little
                                       River.
Little River Tributary 2............  At the confluence with          None        +2829  Alleghany County, Town
                                       Little River.                                      of Sparta.
                                      Approximately 0.7 mile          None        +2905
                                       upstream of the
                                       confluence with Little
                                       River.
Moccasin Creek......................  At the confluence with          None        +2431  Alleghany County.
                                       Little River.
                                      Approximately 0.6 mile          None        +2480
                                       upstream of the
                                       confluence with Little
                                       River.
New River...........................  Approximately 0.4 mile          None        +2318  Alleghany County.
                                       downstream of the
                                       confluence with New
                                       River Tributary 1.
                                      At the confluence of            None        +2487
                                       South Fork New River
                                       and North Fork New
                                       River.
New River Tributary 1...............  Approximately 200 feet          None        +2319  Alleghany County.
                                       upstream of the
                                       confluence with New
                                       River.
                                      Approximately 0.7 mile          None        +2364
                                       upstream of the
                                       confluence with New
                                       River.
New River Tributary 2...............  At the confluence with          None        +2339  Alleghany County.
                                       New River.
                                      Approximately 1,720             None        +2390
                                       feet upstream of
                                       Riverwood Lane.
Pine Swamp Creek....................  At the confluence with          None        +2803  Alleghany County.
                                       Little River.
                                      Approximately 0.7 mile          None        +2818
                                       upstream of Grandview
                                       Drive (State Road
                                       1172).
South Fork New River................  At the confluence with          None        +2487  Alleghany County.
                                       New River.
                                      Approximately 1.4 miles         None        +2526
                                       upstream of the
                                       confluence of South
                                       Fork New River
                                       Tributary 2.
South Fork New River Tributary 1....  At the confluence with          None        +2509  Alleghany County.
                                       South Fork New River.
                                      Approximately 0.5 mile          None        +2535
                                       upstream of the
                                       confluence with South
                                       Fork New River.
South Fork New River Tributary 2....  At the confluence with          None        +2516  Alleghany County.
                                       South Fork New River.
                                      Approximately 0.7 mile          None        +2572
                                       upstream of the
                                       confluence with South
                                       Fork New River.
Vile Creek..........................  At the confluence with          None        +2674  Alleghany County, Town
                                       Little River.                                      of Sparta.

[[Page 53812]]

 
                                      Approximately 1,660             None        +2759
                                       feet upstream of NC
                                       Highway 18.
Vile Creek Tributary 1..............  At the confluence with          None        +2695  Alleghany County, Town
                                       Vile Creek.                                        of Sparta.
                                      Approximately 0.4 mile          None        +2751
                                       upstream of the
                                       confluence with Vile
                                       Creek.
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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
 
Alleghany County
 
Maps are available for inspection at Alleghany County Planning Department, County Administration Building, 348
 South Main Street, Sparta, NC.
 
Town of Sparta
 
Maps are available for inspection at Sparta Town Hall, 304 South Main Street, Sparta, NC.
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                             Watauga County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boone Creek.........................  At the confluence with         +3120        +3122  Town of Boone.
                                       Winkler Creek.
                                      Approximately 350 feet          None        +3311
                                       upstream of West King
                                       Street.
Cobb Creek..........................  At the confluence with          None        +3169  Unincorporated Areas of
                                       Meat Camp Creek.                                   Watauga County.
                                      Approximately 1,540             None        +3307
                                       feet upstream of Cobbs
                                       Creek Road (State Road
                                       1325).
Elk Creek...........................  Approximately 100 feet          None        +1349  Unincorporated Areas of
                                       downstream of the                                  Watauga County.
                                       Watauga/Wilkes County
                                       boundary.
                                      Approximately 1.1 miles         None        +2135
                                       upstream of Jakes
                                       Mountain Road.
Elk Creek (into South Fork River)...  Approximately 50 feet           None        +2955  Unincorporated Areas of
                                       upstream of Big Hill                               Watauga County.
                                       Road (State Road 1350).
                                      Approximately 250 feet          None        +2982
                                       upstream of State Road
                                       194.
Flannery Fork.......................  At the confluence with          None        +3253  Unincorporated Areas of
                                       Winkler Creek.                                     Watauga County, Town
                                                                                          of Boone.
                                      Approximately 430 feet          None        +3469
                                       upstream of Sky Ranch
                                       Road.
Gap Creek...........................  At the Watauga/Ashe             None        +2952  Unincorporated Areas of
                                       County boundary.                                   Watauga County.
                                      Approximately 160 feet          None        +3076
                                       upstream of James
                                       Parsons Road.
Hodges Creek........................  Approximately 430 feet         +3126        +3127  Town of Boone.
                                       upstream of the
                                       confluence with Boone
                                       Creek.
                                      Approximately 140 feet          None        +3286
                                       upstream of NC 105
                                       Highway.
Howard Creek........................  Approximately 1,440             None        +3212  Unincorporated Areas of
                                       feet upstream of Moss                              Watauga County.
                                       Hill Road.
                                      Approximately 0.6 mile          None        +3418
                                       upstream of Millers
                                       Pond Lane.
Left Prong Stony Fork...............  At the Watauga/Wilkes           None        +1639  Unincorporated Areas of
                                       County boundary.                                   Watauga County.
                                      Approximately 220 feet          None        +1947
                                       upstream of the
                                       confluence of Wildcat
                                       Creek.
Meat Camp Creek.....................  At the confluence with         +3057        +3058  Unincorporated Areas of
                                       South Fork New River.                              Watauga County.
                                      Approximately 1.1 miles         None        +3495
                                       upstream of Bryan
                                       Hollow Road (State
                                       Road 1339).
Meat Camp Creek Tributary...........  At the confluence with          None        +3156  Unincorporated Areas of
                                       Meat Camp Creek.                                   Watauga County.
                                      Approximately 1,160             None        +3213
                                       feet upstream of NC
                                       194 Highway North.
Middle Fork.........................  Approximately 500 feet         +3458        +3455  Unincorporated Areas of
                                       downstream of Shoppes                              Watauga County, Town
                                       On The Parkway Road.                               of Blowing Rock.
                                      Approximately 0.4 mile          None        +3630
                                       upstream of Goforth
                                       Road.

[[Page 53813]]

 
Norris Fork.........................  At the confluence with          None        +3200  Unincorporated Areas of
                                       Meat Camp Creek.                                   Watauga County.
                                      Approximately 0.4 mile          None        +3248
                                       upstream of the
                                       confluence with Meat
                                       Camp Creek.
Pine Orchard Creek..................  At the confluence with          None        +2974  Unincorporated Areas of
                                       Elk Creek (into South                              Watauga County.
                                       Fork New River).
                                      Approximately 0.7 mile          None        +3041
                                       upstream of the
                                       confluence with Elk
                                       Creek (into South Fork
                                       New River).
Stony Fork..........................  At the Watauga/Wilkes           None        +1975  Unincorporated Areas of
                                       County boundary.                                   Watauga County.
                                      Approximately 40 feet           None        +2265
                                       downstream of Stoney
                                       Fork Road.
Stony Fork Tributary................  At the confluence with          None        +2260  Unincorporated Areas of
                                       Stony Fork.                                        Watauga County.
                                      Approximately 1,470             None        +2341
                                       feet upstream of
                                       Stoney Fork Road.
Unnamed Tributary to Middle Fork....  At the confluence with         +3479        +3477  Unincorporated Areas of
                                       Middle Fork.                                       Watauga County, Town
                                                                                          of Blowing Rock.
                                      Approximately 0.7 mile          None        +3546
                                       upstream of Chetola
                                       Lake Drive.
Wildcat Creek.......................  At the confluence with          None        +1941  Unincorporated Areas of
                                       Left Prong Stony Fork.                             Watauga County.
                                      Approximately 0.6 mile          None        +2469
                                       upstream of Bill
                                       Miller Lane.
Winkler Creek.......................  Approximately 150 feet         +3114        +3113  Unincorporated Areas of
                                       downstream of Pride                                Watauga County, Town
                                       Drive.                                             of Boone.
                                      Approximately 300 feet          None        +3442
                                       upstream of Rainbow
                                       Mountain Road.
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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 Blowing Rock
 
Maps are available for inspection at Blowing Rock Town Hall, 1036 Main Street, Blowing Rock, NC.
 
Town of Boone
 
Maps are available for inspection at Town of Boone Planning and Inspections Office, 1500 Blowing Rock Road,
 Boone, NC.
 
                                     Unincorporated Areas of Watauga County
 
Maps are available for inspection at Watauga County Planning and Inspections Department, 331 Queen Street, Suite
                                                  8, Boone, NC.
----------------------------------------------------------------------------------------------------------------
                               Grant County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
South Fork Whetstone River..........  Approximately 48 feet           None        +1116  City of Milbank,
                                       upstream of 479th                                  Unincorporated Areas
                                       Avenue.                                            of Grant County.
                                      Approximately 790 feet          None        +1132
                                       upstream of North
                                       Dakota Street.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
* 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 Milbank
 
Maps are available for inspection at Milbank City Offices, 1001 East 4th Avenue, Milbank, SD.
 

[[Page 53814]]

 
                                      Unincorporated Areas of Grant County
 
Maps are available for inspection at Grant County Courthouse, 210 East 5th Avenue, Milbank, SD.
----------------------------------------------------------------------------------------------------------------

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

    Dated: September 4, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
 [FR Doc. E8-21687 Filed 9-16-08; 8:45 am]
BILLING CODE 9110-12-P