[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Proposed Rules]
[Pages 238-241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31268]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1028]


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 April 6, 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-1028, 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

[[Page 239]]

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:

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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
----------------------------------------------------------------------------------------------------------------
                                  Pope County, Arkansas, and Incorporated Areas
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Arkansas River......................  At the intersection of          None         +323  Unincorporated Areas of
                                       the Arkansas River and                             Pope County.
                                       the Arkansas Avenue
                                       bridge.
                                      At the confluence of            None         +340
                                       the Arkansas River and
                                       Lake Dardanelle.
Lake Dardanelle.....................  Approximately 8.323             None         +340  Unincorporated Areas of
                                       miles downstream of                                Pope County, City of
                                       the Highway 40 bridge.                             Russellville.
                                      At the intersection of          None         +347
                                       Lake Dardanelle and
                                       the Pleasant View Road
                                       Bridge.
Whig Creek..........................  Approximately 5,166             None         +330  Unincorporated Areas of
                                       feet from the                                      Pope County, City of
                                       intersection of Whig                               Russellville.
                                       Creek and South
                                       Frankfort Avenue.
                                      Approximately 218 feet          None         +340
                                       downstream of the
                                       intersection of Whig
                                       Creek and McHenry 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 Russellville
Maps are available for inspection at 716 North El Paso Avenue, Russellville, AR 72801.
Unincorporated Areas of Pope County
Maps are available for inspection at 420 North Hampton, Suite B, Russellville, AR 72801.
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                                Crawford County, Missouri, and Incorporated Areas
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Mermac River........................  Approximately 5,000             None         +708  Unincorporated Areas of
                                       feet downstream                                    Crawford County.
                                       Steelville city limits.
                                      Approximately 150 feet          None         +719
                                       upstream HWY 19.
Whittenburg Creek...................  Approximately 120 feet          None         +725  Unincorporated Areas of
                                       downstream Snake Road.                             Crawford County, City
                                                                                          of Steelville.
                                      Approximately 275 feet          None         +734
                                       upstream HWY 8.
Yadkin Creek........................  At confluence with              None         +731  Unincorporated Areas of
                                       Whittenburg Creek.                                 Crawford County.
                                      Approximately 900 feet          None         +790
                                       upstream Steelville
                                       city limits.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

[[Page 240]]

 
+ 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 Steelville
Maps are available for inspection at 204 3rd St., Steelville, MO 65565.
                                     Unincorporated Areas of Crawford County
 
Maps are available for inspection at 302 Main Street, Steelville, MO 65565.
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                                 Stone County, Missouri, and Incorporated Areas
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Crane Creek.........................  Approximately 960 feet          None        +1109  Stone County.
                                       downstream Crane city
                                       limits.
                                      Approximately 430 feet          None        +1128
                                       upstream Crane city
                                       limits.
* 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
 
Stone County
Maps are available for inspection at 108 4th Street, Galena, MO 65656.
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                               San Juan County, New Mexico, and Incorporated Areas
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Animas River........................  At the confluence with          None        +5256  Unincorporated Areas of
                                       San Juan River.                                    San Juan County.
                                      Approximately 1,200             None        +5267
                                       feet downstream of
                                       Murray Dr./US-64.
Bloomfield Canyon Creek.............  Approximately 2,232             None        +5436  City of Bloomfield,
                                       feet upstream of E.                                unincorporated Areas
                                       Broadway Avenue.                                   of San Juan County
                                      At the confluence of            None        +5545
                                       Bloomfield Canyon
                                       Creek Tributary.
Bloomfield Canyon Creek Tributary...  At the confluence of            None        +5545  City of Bloomfield,
                                       Bloomfield Canyon                                  Unincorporated Areas
                                       Creek.                                             of San Juan County.
                                      Approximately 2,366             None        +5737
                                       feet upstream from
                                       unnamed dirt road
                                       bridge.
San Juan River......................  Approximately 1,709             None        +5245  Unincorporated Areas of
                                       feet downstream of                                 San Juan County
                                       Bisti Highway.
                                      Approximately 9,367             None        +5269
                                       feet upstream of
                                       confluence with Animas
                                       River.
* 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 Bloomfield
Maps are available for inspection at 915 N. First St., P.O. Box 1839, Bloomfield, NM 87413.
Unincorporated Areas of San Juan County
Maps are available for inspection at 209 S. Oliver Drive, Aztec, NM 87410.
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[[Page 241]]

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

    Dated: December 22, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-31268 Filed 1-2-09; 8:45 am]
BILLING CODE 9110-12-P