[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12821-12823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6645]


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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-1034]


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-1034, 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 12822]]



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                                                                                             * Elevation in feet
                                                                                             (NGVD)  + Elevation
                                                                                               in feet (NAVD)
                                                                                              Depth in
             State               City/town/county      Source of           Location**         feet above ground
                                                       flooding                             [caret] Elevation in
                                                                                                meters (MSL)
                                                                                           ---------------------
                                                                                             Existing   Modified
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                                         Village of Dansville, New York
----------------------------------------------------------------------------------------------------------------
New York......................  Village of         Canaseraga Creek  In the northern             None       *607
                                 Dansville.                           annexation, west of
                                                                      State Route 63, east
                                                                      of the railroad, and
                                                                      approximately 2800
                                                                      feet north of
                                                                      Zerfass Road..
                                                                     In the northern             None       *610
                                                                      annexation, just
                                                                      east of the
                                                                      railroad,
                                                                      approximately 1500
                                                                      feet north of
                                                                      Zerfass Road along
                                                                      the railroad..
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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
 
Village of Dansville
Maps are available for inspection at 14 Clara Barton Street, Village of Dansville, NY 14437.
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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
----------------------------------------------------------------------------------------------------------------
                                 Ralls County, Missouri, and Incorporated Areas
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Bear Creek..........................  Lilly Avenue...........         None         +499  Unincorporated Areas of
                                                                                          Ralls County.
                                      Hydesburg Road.........         None         +562
Mississippi River...................  Divergence of Gilberts          None         +471  Unincorporated Areas of
                                       Chute.                                             Ralls County.
                                      Confluence of Marble            None         +475
                                       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
                                      Unincorporated Areas of Ralls County
Maps are available for inspection at 311 South Main Street, New London, MO 63459.
----------------------------------------------------------------------------------------------------------------
                               Pittsburg County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tributary AA........................  Approximately 2790 feet         +707         +715  City of Mcalester.
                                       downstream of 14th
                                       Street.
                                      Approximately 2160 feet         +720         +724
                                       downstream of 14th
                                       Street.
Tributary B.........................  Approximately 470 feet          +689         +686  Unincorporated Areas of
                                       downstream of C Street.                            Pittsburg County, City
                                                                                          of McAlester.
                                      Approximately 1700 feet         +732         +728
                                       upstream of Swallow
                                       Drive.
Tributary E.........................  Approximately 1200 feet         None         +654  Unincorporated Areas of
                                       upstream of Highway                                Pittsburg County.
                                       270.

[[Page 12823]]

 
                                      Approximately 5000 feet         None         +658
                                       upstream of Highway
                                       270.
----------------------------------------------------------------------------------------------------------------
* 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 McAlester
Maps are available for inspection at 28 East Washington Street, McAlester, OK 74502.
                                    Unincorporated Areas of Pittsburg County
Maps are available for inspection at 115 East Carl Albert Parkway, McAlester, OK 74501.
----------------------------------------------------------------------------------------------------------------
                                   Bowie County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Days Creek..........................  Approximately 4910 feet         None         +255  Unincorporated Areas of
                                       downstream of Loop 151.                            Bowie County.
                                      Approximately 1480 feet         None         +273
                                       upstream of Lubbock
                                       Street.
No Name Creek.......................  Approximately 1015 feet         None         +281  Unincorporated Areas of
                                       upstream of Lakeridge                              Bowie County.
                                       Drive.
                                      Approximately 1273 feet         None         +290
                                       downstream of
                                       Lakeridge Drive.
Un-Named Tributary of Days Creek....  Confluence of Un-Named          None         +259  Unincorporated Areas of
                                       Tributary and Days                                 Bowie County.
                                       Creek.
                                      Approximately 2663 feet         None         +261
                                       upstream of confluence
                                       of Days Creek.
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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 Bowie County
Maps are available for inspection at Courthouse, 710 James Bowie Drive, New Boston, TX 75570.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: January 22, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6645 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P