[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12794-12799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6580]


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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-1035]


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 June 23, 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-1035, 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.
    National Environmental Policy Act. This proposed rule is 
categorically

[[Page 12795]]

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 flooding                                      Location **                            Depth in
                                                                                                                                                                              feet above ground
                                                                                                                                                                           ---------------------
                                                                                                                                                                             Existing   Modified
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                                                                                    Village of McDonald, Ohio
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Ohio..................................  Village of McDonald......  Mahoning River............................  Approximately 8,500 feet upstream of I-80..................       None       +855
                                                                                                               Approximately 17,600 feet upstream of I-80.................       None       +858
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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
Village of McDonald
Maps are available for inspection at 451 Ohio Avenue, McDonald, OH 44437.
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                                                                     * Elevation in feet
                                                                     (NGVD)  + Elevation
                                                                       in feet (NAVD)
         Flooding source(s)              Location of referenced       Depth in    Communities affected
                                              elevation **            feet above ground
                                                                   ----------------------
                                                                    Effective   Modified
----------------------------------------------------------------------------------------------------------------
                               Sebastian County, Arkansas, and Incorporated Areas
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Little Vache Grasse Creek...........  At the Confluence of Unnamed       None       +402  City of Barling.
                                       Stream.
                                      Approximately 4,060 feet           None       +479
                                       upstream From Rye Hill Road.
Little Vache Grasse Creek Tributary   At the Confluence of Little        None       +434  City of Barling.
 9.                                    Vache Grasse Creek.
                                      Approximately 3,580 feet           None       +478
                                       upstream from Unnamed Road.
Unnamed Stream......................  At the Confluence of Little        None       +445  City of Barling.
                                       Vache Grasse Creek.
                                      Approximately 1,260 feet           None       +448
                                       upstream from Confluence of
                                       Little Vache Grasse Creek.
----------------------------------------------------------------------------------------------------------------
* 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 Barling

[[Page 12796]]

 
Maps are available for inspection at 304 Church Street, Barling, AR 72923.
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                                 Yolo County, California, and Incorporated Areas
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Ponding Area........................  Area northwest of                  None    Unincorporated Areas
                                       intersection of Interstate                      2   of Yolo County.
                                       505/County Road 90 and
                                       Russell Boulevard/Grant
                                       Avenue.
                                      Area north of Moody Slough         None  
                                       Road, west of County Road                       2
                                       89, and east of County Road
                                       88.
                                      Area north of an unnamed           None  
                                       road, west of County Road                       2
                                       89, and east of County Road
                                       88.
Zone AE Area........................  Area north of King Road,           None        +23  Unincorporated Areas
                                       south of Mills Road, and                            of Yolo County.
                                       east of County Road 104.
----------------------------------------------------------------------------------------------------------------
* 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 Yolo County
Maps are available for inspection at Yolo County Planning and Public Works Department, 292 West Beamer Street,
 Woodland, CA.
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                                    Linn County, Iowa, and Incorporated Areas
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Big Creek...........................  South Ely Street............       None       +713  City of Bertram.
                                      Big Creek Road..............       None       +719
Cedar Lake..........................  Entire Shoreline of Cedar          None       +727  City of Cedar Rapids.
                                       Lake.
Cedar River.........................  1300 feet downstream of the        +712       +711  City of Cedar Rapids.
                                       confluence with Indian
                                       Creek.
                                      Just downstream of Edgewood        +731       +730
                                       Road.
McClouds Run........................  1373 feet downstream of            None       +728  City of Cedar Rapids.
                                       Shaver Road Northwest.
                                      1056 feet upstream of Shaver       None       +728
                                       Road Northeast.
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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 Bertram
Maps are available for inspection at 930 First Street Southwest, Cedar Rapids, IA 52404.
 
City of Cedar Rapids
Maps are available for inspection at 1201 Sixth Street Southwest, Cedar Rapids, IA 52404.
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                                 Mercer County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River...................  From 431 miles above               +547       +546  City of New Boston,
                                       confluence with the Ohio                            Unincorporated Areas
                                       River (approx. 0.1 Miles                            of Mercer County.
                                       downstream of 50th Street
                                       extended).
                                      To 437 miles above                 +551       +550
                                       confluence with the Ohio
                                       River (approx. 0.2 Miles
                                       downstream of Lock & Dam
                                       Road extended).
----------------------------------------------------------------------------------------------------------------
* 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.
 

[[Page 12797]]

 
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 Boston
Maps are available for inspection at New Boston City Hall, 405 Main Street, New Boston, IL 61272.
 
Unincorporated Areas of Mercer County
Maps are available for inspection at Mercer County Courthouse, 100 SE 3rd Street, Aledo, IL 61231.
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                                Acadia Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Flooding Effects of Mermentau River.  Approximately 4126 feet            None        +11  Unincorporated Areas
                                       upstream of the confluence                          of Acadia Parish,
                                       of the Mermentau River and                          Village of Mermentau.
                                       Bayou Queue de Tortue. Base
                                       Flood Elevations extend
                                       from the river edge east
                                       into the surrounding area.
                                      Approximately 9450 feet            None        +15
                                       upstream of the
                                       intersection of the
                                       Mermentau River and South
                                       Railroad Avenue.
----------------------------------------------------------------------------------------------------------------
* 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 Acadia Parish
Maps are available for inspection at 568 NE Court Circle, Crowley, LA 70526.
 
Village of Mermentau
Maps are available for inspection at 104 7th Street, Mermentau, LA 70556.
----------------------------------------------------------------------------------------------------------------
                           West Baton Rouge Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Poydras.......................  Approximately 160 feet             None        +11  Unincorporated Areas
                                       downstream of State Route                           of West Baton Rouge
                                       413.                                                Parish
                                      Approximately 100 feet             None        +22
                                       upstream of Section Road.
Chamberlin Canal....................  Intersection of Chamberlin         None        +19  Unincorporated Areas
                                       Canal and Airline Highway.                          of West Baton Rouge
                                                                                           Parish.
                                      Approximately 4361 feet            None        +21
                                       downstream of Section Road.
Cline Lateral.......................  Approximately 1819 feet            None        +18  Unincorporated Areas
                                       downstream of Section Road.                         of West Baton Rouge
                                                                                           Parish.
                                      Approximately 60 feet              None        +23
                                       upstream of Tonawanda
                                       Street.
Grand Bayou.........................  Intersection of Airline            None        +19  Unincorporated Areas
                                       Highway and Grand Bayou..                           of West Baton Rouge
                                                                                           Parish.
                                      Approximately 157 feet             None        +20
                                       upstream of Treuil Road.
Kean Lateral........................  Approximately 1760 feet            None        +19  Unincorporated Areas
                                       upstream of the                                     of West Baton Rouge
                                       intersection of Kean                                Parish.
                                       Lateral and Airline Highway.
                                      Approximately 170 feet             None        +20
                                       upstream of the
                                       intersection of Section
                                       Road and Kean Lateral.
Little Stumpy Bayou.................  Intersection of Airline            None        +16  Unincorporated Areas
                                       Highway and Little Stumpy                           of West Baton Rouge
                                       Bayou.                                              Parish.
                                      Approximately 4387 feet            None        +17
                                       upstream of the
                                       intersection of Airline
                                       Highway and Little Stumpy
                                       Bayou.
Stumpy Bayou........................  Intersection of Stumpy Bayou       None        +16  Unincorporated Areas
                                       and Airline Highway.                                of West Baton Rouge
                                                                                           Parish.
                                      Approximately 2965 feet            None        +20
                                       upstream of the
                                       intersection of Elm Grove
                                       Road and Stumpy Bayou.
Tiger Bayou.........................  Approximately 3663 feet            None        +17  Unincorporated Areas
                                       upstream of intersection of                         of West Baton Rouge
                                       Airline Highway and Tiger                           Parish.
                                       Bayou.

[[Page 12798]]

 
                                      Approximately 205 feet             None        +21
                                       upstream of Section Road
                                       and Tiger Bayou.
----------------------------------------------------------------------------------------------------------------
* 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 West Baton Rouge Parish
Maps are available for inspection at 880 North Alexander Ave., Port Allen, LA 70767.
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                                Ramsey County, Minnesota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bald Eagle Lake.....................  Entire Shoreline in Ramsey         None       +913  Township of White
                                       County.                                             Bear.
Casey Lake..........................  Entire Shoreline............       None       +928  City of Maplewood.
Gervais Lake........................  Entire Shoreline............       None       +863  City of Maplewood.
Josephine Lake......................  Entire Shoreline............       None       +886  City of Roseville.
Lake Owasso.........................  Entire Shoreline............       None       +889  City of Roseville.
Little Lake Johanna.................  Entire Shoreline............       None       +879  City of Roseville.
Otter Lake..........................  Entire Shoreline in Ramsey         None       +913  Township of White
                                       County.                                             Bear.
Silver Lake.........................  Entire Shoreline............       None       +991  City of Maplewood,
                                                                                           City of North St.
                                                                                           Paul.
Twin Lake...........................  Entire Shoreline............       None       +872  City of Little Canada,
                                                                                           City of Vadnais
                                                                                           Heights.
----------------------------------------------------------------------------------------------------------------
* 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 Little Canada
Maps are available for inspection at Little Canada City Center, 515 Little Canada Road East, Little Canada, MN
 55117-1600.
 
City of Maplewood
Maps are available for inspection at City Hall, 1830 County Road B East, Maplewood, MN 55109.
 
City of North St. Paul
Maps are available for inspection at City Hall, 2400 Margaret Street, North St. Paul, MN 55109.
 
City of Roseville
Maps are available for inspection at City Hall, 2660 Civic Center Drive, Roseville, MN 55113.
 
City of Vadnais Heights
Maps are available for inspection at City Hall, 800 East County Road East, Vadnais Heights, MN 55127.
 
Township of White Bear
Maps are available for inspection at Township Administration Building, 1281 Hammond Road, White Bear Township,
 MN 55110.
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                                  Pike County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River...................  Convergence of Thomas Chute.       None       +450  Unincorporated Areas
                                                                                           of Pike County, City
                                                                                           of Clarksville, City
                                                                                           of Louisiana, Village
                                                                                           of Annada.
                                      Convergence of Gilbert Chute       None       +469
Noix Creek..........................  0.67 Miles Upstream from           None       +465  Unincorporated Areas
                                       Highway 79.                                         of Pike County.
                                      Confluence of Bishop Branch.       None       +477
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 

[[Page 12799]]

 
** 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 Clarksville
Maps are available for inspection at 111 Howard Street, Clarksville, MO 63336.
 
City of Louisiana
Maps are available for inspection at 202 South Third Street, Louisiana, MO 63353.
 
Unincorporated Areas of Pike County
Maps are available for inspection at 115 West Main Street, Bowling Green, MO 63334.
 
Village of Annada
Maps are available for inspection at 232 Arlington Avenue, Annada, MO 63330.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: March 16, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6580 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P