[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Proposed Rules]
[Pages 789-792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-74]


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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-1029]


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 8, 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-1029, 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.

[[Page 790]]

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:

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                                                                                           * Elevation in feet
                                                                                         (NGVD)  + Elevation in
                                                                                         feet (NAVD)  
             State               City/town/county      Source of         Location **       Depth in feet above
                                                        flooding                                 ground
                                                                                       -------------------------
                                                                                          Existing     Modified
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                                           City of Fort Yukon, Alaska
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Alaska........................  City of Fort       Yukon River......  Static BFE               None         +445
                                 Yukon.                                approximately
                                                                       198' south,
                                                                       southeast of
                                                                       the
                                                                       intersection of
                                                                       1st Avenue and
                                                                       Husky Avenue.
                                                                      Static BFE at            None         +445
                                                                       the
                                                                       intersection of
                                                                       Yukon River and
                                                                       Airport 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 Fort Yukon
 
Maps are available for inspection at East 7th Street, Fort Yukon, AK 99740.
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                                             City of Togiak, Alaska
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Alaska........................  City of Togiak...  Togiak Bay.......  Static BFE               None           +8
                                                                       approximately
                                                                       2,427 feet
                                                                       southwest of
                                                                       the southwest
                                                                       end of Togiak
                                                                       Airport.
                                                                      Static BFE at            None           +8
                                                                       the
                                                                       intersection of
                                                                       the Limit of
                                                                       Detailed Study
                                                                       and the
                                                                       shoreline.
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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 Togiak
Maps are available for inspection at 2nd Avenue G Street, Togiak, AK 99678.
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[[Page 791]]


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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
----------------------------------------------------------------------------------------------------------------
                           Lake and Peninsula Borough, Alaska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chignik Lake........................  Entire Shoreline.......         None    [caret]16  Lake and Peninsula
                                                                                          Borough.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Local Tidal Datum.
 
** 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
 
Lake and Peninsula Borough
Maps are available for inspection at P.O. Box 495, King Salmon, AK 99613.
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                                 Monroe County, Indiana, and Incorporated Areas
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Beanblossom Creek...................  Approximately 14,256            None         +580  Unincorporated Areas of
                                       feet downstream of                                 Monroe County.
                                       Pike Road.
                                      At Old State Road 37...         None         +599
Clear Creek.........................  Approximately 400 feet          None         +616  Unincorporated Areas of
                                       downstream of Dillman                              Monroe County, City of
                                       Road.                                              Bloomington.
                                      Approximately 350 feet          None         +731
                                       upstream of First
                                       Street.
East Branch Jackson Creek...........  At confluence with              +738         +739  City of Bloomington.
                                       Jackson Creek.
                                      Approximately 520 feet          +738         +739
                                       upstream of confluence
                                       with Jackson Creek.
East Fork Jackson Creek.............  Approximately 100 feet          None         +822  City of Bloomington.
                                       upstream of Moores
                                       Pike.
                                      Approximately 400 feet          None         +822
                                       upstream of Moores
                                       Pike.
Griffy Creek........................  Approximately 430 feet          None         +602  City of Bloomington.
                                       upstream of North Dunn
                                       Street.
                                      Approximately 2,760             None         +602
                                       feet upstream of North
                                       Headley Road.
Jacks Defeat Creek..................  Approximately 400 feet          None         +563  Unincorporated Areas of
                                       upstream of confluence                             Monroe County, Town of
                                       with Beanblossom Creek.                            Ellettsville, Town of
                                                                                          Stineville.
                                      Approximately 550 feet          +707         +706
                                       downstream of Harrison
                                       Road.
Jackson Creek.......................  At confluence with              None         +634  Unincorporated Areas of
                                       Clear Creek.                                       Monroe County, City of
                                                                                          Bloomington.
                                      Approximately 1,120             None         +772
                                       feet upstream of Buick
                                       Cadillac Boulevard.
Sinking Creek.......................  At West Third Street...         None         +855  City of Bloomington.
                                      Approximately 420 feet          None         +855
                                       upstream of West Third
                                       Street.
Stout Creek.........................  At confluence with              None         +581  Unincorporated Areas of
                                       Beanblossom Creek.                                 Monroe County.
                                      Approximately 7,000             None         +584
                                       feet upstream of
                                       confluence with
                                       Beanblossom Creek.
West Branch Jackson Creek...........  At confluence with              +738         +739  City of Bloomington.
                                       Jackson Creek.
                                      Approximately 220 feet          None         +796
                                       upstream of Covenanter
                                       Drive.
West Fork Clear Creek...............  At confluence with              +645         +648  Unincorporated Areas of
                                       Clear Creek.                                       Monroe County, City of
                                                                                          Bloomington.
                                      Approximately 1,780             None         +737
                                       feet upstream of
                                       Sudburg Lane.
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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.
 

[[Page 792]]

 
                                                    ADDRESSES
 
City of Bloomington
Maps are available for inspection at City Hall, 401 North Morton Street, Bloomington, IN 47404.
 
Town of Ellettsville
Maps are available for inspection at Town Hall, 221 North Sale Street, Ellettsville, IN 47429.
 
Town of Stineville
Maps are available for inspection at Town Hall, 7835 West Buskirk Street, Stinesville, IN 47464.
 
                                      Unincorporated Areas of Monroe County
Maps are available for inspection at Monroe County Courthouse, Room 322, 100 West Fifth Street, Bloomington, IN
 47404.
----------------------------------------------------------------------------------------------------------------
                                Garfield County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boggy Creek Tributary (West Branch).  Approximately 481 feet          None        +1298  City of Enid.
                                       upstream of the
                                       confluence of Boggy
                                       Creek Tributary West
                                       Branch and Boggy Creek
                                       Tributary.
                                      Approximately 885 feet          None        +1301
                                       upstream of the
                                       confluence of Boggy
                                       Creek Tributary West
                                       Branch and Boggy Creek
                                       Tributary.
Tributary A to Boggy Creek Tributary  Approximately 663 feet          None        +1309  City of Enid.
                                       upstream of the
                                       confluence of
                                       Tributary A of Boggy
                                       Creek Tributary and
                                       Boggy Creek Tributary.
                                      Approximately 1,168             None        +1313
                                       feet upstream of the
                                       confluence of
                                       Tributary A to Boggy
                                       Creek Tributary and
                                       the Boggy Creek
                                       Tributary.
----------------------------------------------------------------------------------------------------------------
* 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 Enid
Maps are available for inspection at 401 Owen Garriott Road, Enid, OK 73702.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: December 31, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-74 Filed 1-7-09; 8:45 am]
BILLING CODE 9110-12-P