[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12791-12794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6581]


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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-1032]


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-1032, 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 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 12792]]



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                                                                     * Elevation in feet
                                                                     (NGVD)  + Elevation
                                                                       in feet (NAVD)
                                                                      Depth in
         Flooding source(s)              Location of referenced       feet above ground    Communities affected
                                              elevation **          [caret] Elevation in
                                                                        meters (MSL)
                                                                   ----------------------
                                                                    Effective   Modified
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                              Rock Island County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River...................  From River Mile 449.4,             +554       +555  Unincorporated Areas
                                       approximately 0.65 miles                            of Rock Island
                                       upstream of the Mercer/Rock                         County, City of East
                                       Island County Boundary and                          Moline, City of
                                       1.7 miles downstream of the                         Moline, City of Rock
                                       confluence with Copperas                            Island, Village of
                                       Creek.                                              Andalusia, Village of
                                                                                           Cordova, Village of
                                                                                           Hampton, Village of
                                                                                           Milan, Village of
                                                                                           Port Byron, Village
                                                                                           of Rapids City.
                                      To the Whitside/Rock Island        +587       +588
                                       County Boundary (River Mile
                                       512.25), approximately 0.6
                                       miles upstream of the
                                       confluence with Meredosia
                                       Ditch.
Sylvan Slough.......................  From the convergence with          +564       +565  City of Moline, City
                                       Mississippi River (River                            of Rock Island.
                                       Mile 482.7), approximately
                                       0.3 miles downstream of
                                       Lock and Dam No. 15.
                                      To the divergence from the         +570       +569
                                       Mississippi River (RM
                                       486.0), Cross Section I,
                                       approximately 0.17 miles
                                       upstream of Memorial (I-74)
                                       Bridge.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret]Mean Sea Level, rounded to the nearest 0.1 meter.
 
** 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 East Moline
Maps are available for inspection at East Moline City Hall, 915 16th Avenue, East Moline, IL 61244.
 
City of Moline
Maps are available for inspection at Moline City Hall, 619 16th Street, Moline, IL 61265.
 
City of Rock Island
Maps are available for inspection at Rock Island City Hall, 1528 3rd Street, Rock Island, IL 61201.
 
Unincorporated Areas of Rock Island County
Maps are available for inspection at Rock Island County Courthouse, 1504 3rd Avenue, Rock Island, IL 61201.
 
Village of Andalusia
Maps are available for inspection at Andalusia Village Hall, 221 First Street, Andalusia, IL 61232.
 
Village of Cordova
Maps are available for inspection at 906 Main Avenue, P.O. Box 6, Cordova, IL 61242.
 
Village of Hampton
Maps are available for inspection at 520 1st Avenue, P.O. Box 77, Hampton, IL 61256.
 
Village of Milan
Maps are available for inspection at Milan Village Hall, 405 East First Street, Milan, IL 61264.
 
Village of Port Byron
Maps are available for inspection at 120 South Main Street, P.O. Box 438, Port Byron, IL 61275.
 
Village of Rapids City
Maps are available for inspection at 1204 4th Avenue, P.O. Box 134, Rapids City, IL 61278.
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                                    Bee County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Salt Branch.........................  Intersection of Unnamed Road       +164       +163  Unincorporated Areas
                                       and Salt Branch.                                    of Bee County.
                                      Approximately 249 Feet             +185       +184
                                       downstream of Emily Drive.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 

[[Page 12793]]

 
** 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 Bee County
Maps are available for inspection at Bee County Courthouse, 105 West Corpus Christi Street, Beeville, TX 78102.
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                                  Wilson County, Texas, and Incorporated Areas
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Cibolo Creek........................  Approximately 2000 feet            None       +486  Unincorporated Areas
                                       downstream from CR 345.                             of Wilson County.
                                      Approximately 995 feet from        None       +496
                                       CR ``A''.
Lodi Branch.........................  Approximately 373 Feet             None       +393  Unincorporated Areas
                                       Upstream from 1st St.                               of Wilson County.
                                      Approximately 1290 Feet Down       None       +407
                                       stream from State Highway
                                       97W.
Picosa Creek........................  Approximately 6036 Feet            None       +373  Unincorporated Areas
                                       downstream from State                               of Wilson County.
                                       highway 97W.
                                      Approximately 6700 Feet            None       +378
                                       Downstream from Pleasanton
                                       Road.
San Antonio River...................  Approximately 1327 Feet            None       +373  Unincorporated Areas
                                       downstream from the                                 of Wilson County.
                                       confluence of Pajarito
                                       Creek.
                                      At the confluence of               None       +390
                                       Tributary 320.
Stream 2............................  At the Confluence of San           None       +373  Unincorporated Areas
                                       Antonio River.                                      of Wilson County.
                                      Approximately 1220 Feet            None       +373
                                       Downstream from State
                                       Highway 97W.
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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 Wilson County
Maps are available for inspection at 1430 3rd street, Floresville, TX 78114.
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                                 Dodge County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaver Dam Lake.....................  Entire shoreline............       +873       +874  City of Beaver Dam,
                                                                                           City of Fox Lake,
                                                                                           Unincorporated Areas
                                                                                           of Dodge County.
Beaver Dam River....................  377 feet downstream of U.S.        None       +841  City of Beaver Dam,
                                       Highway 151.                                        Unincorporated Areas
                                                                                           of Dodge County.
                                      Beaver Dam Lake Dam.........       +865       +866
Fox Lake............................  Entire shoreline............       +892       +896  City of Fox Lake,
                                                                                           Unincorporated Areas
                                                                                           of Dodge County.
Libby Creek.........................  0.25 miles downstream of           None       +864  Unincorporated Areas
                                       Shamrock Road.                                      of Dodge County.
                                      .53 miles upstream of County       None       +884
                                       Highway I.
Old Mill Creek......................  0.51 miles downstream of           None       +883  City of Fox Lake,
                                       County Highway P.                                   Unincorporated Areas
                                                                                           of Dodge County.
                                      878 feet upstream of State         +892       +896
                                       Highway 33.
Park Creek..........................  0.25 miles downstream of           None       +818  City of Beaver Dam,
                                       Shaw Hill Road.                                     Unincorporated Areas
                                                                                           of Dodge County.
                                      Just upstream of North             None       +895
                                       Crystal Lake Road.

[[Page 12794]]

 
Pratt Creek.........................  153 feet downstream of             None       +879  Unincorporated Areas
                                       Sunset Road.                                        of Dodge County.
                                      .93 miles upstream of              None       +903
                                       Fairfield 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 Beaver Dam
Maps are available for inspection at 205 South Lincoln Avenue, Beaver Dam, WI 53916.
 
City of Fox Lake
Maps are available for inspection at 248 East State Street, Fox Lake, WI 53933.
 
Unincorporated Areas of Dodge County
Maps are available for inspection at 127 East Oak Street, Juneau, WI 53039.
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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. E9-6581 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P