[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Proposed Rules]
[Pages 56779-56781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22981]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1009]


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 29, 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-1009, 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.


Sec.  67.4  [Amended]

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

[[Page 56780]]



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                                                                                                                                   * Elevation in feet
                                                                                                                                 (NGVD)  + Elevation in
                                                                                                                                 feet (NAVD)  
             State                City/town/county   Source of flooding                        Location**                          Depth in feet above
                                                                                                                                         ground
                                                                                                                               -------------------------
                                                                                                                                  Existing     Modified
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                                                   Unincorporated Areas of Lauderdale County, Alabama
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Alabama........................  Unincorporated      Shoal Creek.......  BFE 520 is at a point of 1,435 feet upstream of the           None         +520
                                  Areas of                                confluence of Shoal Creek and Indiancamp Creek.
                                  Lauderdale County.
                                                                         BFE 558 is at a point of 27,805 feet upstream of the          None         +558
                                                                          confluence of Shoal Creek and Butler Creek.
Alabama........................  Unincorporated      Tennessee River     BFE 432 is at a point of 5,270 feet upstream of the           +431         +432
                                  Areas of            (Navigation         intersection of the Tennessee River and O'Neal
                                  Lauderdale County.  Channel).           Bridge.
                                                                         BFE 435 is at a point of 263 feet downstream of               +431         +435
                                                                          Wilson Dam.
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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
 
                                                        Unincorporated Areas of Lauderdale County
 
Maps are available for inspection at 5100 Hwy 157 N, Florence, AL 35633.


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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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                                Ben Hill County, Georgia, and Incorporated Areas
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Turkey Creek........................  Just upstream of                None         +315  Unincorporated Areas of
                                       Industrial Drive.                                  Ben Hill County.
                                      Approximately 270 feet          None         +319
                                       downstream of Cemetery
                                       Road.
                                      At Cemetery Road.......         None         +319
                                      Approximately 1,520             None         +327
                                       feet downstream of
                                       Monitor Drive.
                                      Approximately 760 feet          None         +341
                                       upstream of Sultana
                                       Drive.
                                      Approximately 1,150             None         +344
                                       feet upstream of
                                       Rochelle Road.
Turkey Creek Tributary No. 1........  Approximately 950 feet          None         +328  Unincorporated Areas of
                                       downstream of W.                                   Ben Hill County.
                                       Roanoke Drive.
                                      Approximately 480 feet          None         +329
                                       downstream of W.
                                       Roanoke Drive.
Willacoochee River..................  Approximately 1,880             None         +324  Unincorporated Areas of
                                       feet downstream of                                 Ben Hill County.
                                       Irwinville Highway.
                                      Approximately 1,780             None         +324
                                       feet downstream of
                                       Irwinville Highway.
                                      Approximately 1,280             None         +325
                                       feet downstream of
                                       Irwinville Highway.
                                      Approximately 480 feet          None         +326
                                       downstream of
                                       Irwinville Highway.
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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
 
                                     Unincorporated Areas of Ben Hill County
 
Maps are available for inspection at County Commissioners Office, 402-A East Pine Street, Fitzgerald, GA 31750.
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[[Page 56781]]

 
                                Halifax County, Virginia, and Incorporated Areas
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Reedy Creek.........................  Approximately 1,400             None         +331  Unincorporated Areas of
                                       feet downstream of Ash                             Halifax County.
                                       Avenue.
                                      At confluence with Dan          None         +331
                                       River.
Rocky Branch........................  At confluence with              None         +331  Unincorporated Areas of
                                       Reedy Creek.                                       Halifax County.
                                      Approximately 0.4 mile          None         +346
                                       upstream of Eastover
                                       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
 
                                     Unincorporated Areas of Halifax County
 
Maps are available for inspection at Halifax County GIS Department, 134 South Main, Halifax, VA 24558.
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                               Spokane County, Washington, and Incorporated Areas
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Argonne Creek.......................  Approximately 1,300             None        +1922  Unincorporated Areas of
                                       feet downstream of N                               Spokane County.
                                       Maringo Drive.
                                      Approximately 600 feet          None        +1987
                                       upstream of N Boeing
                                       Road.
Forker Draw.........................  Approximately at N              None        +2065  Unincorporated Areas of
                                       Progress Road.                                     Spokane County, City
                                                                                          of Spokane Valley.
                                      Approximately 70 feet           None        +2336
                                       downstream of E
                                       Bigelow Gulch 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
 
City of Spokane Valley
 
Maps are available for inspection at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 99206.
 
                                     Unincorporated Areas of Spokane County
 
Maps are available for inspection at 808 W. Spokane Falls Blvd., Spokane, WA 99201.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: September 19, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-22981 Filed 9-29-08; 8:45 am]
BILLING CODE 9110-12-P