[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12799-12804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6694]


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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-1038]


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-1038, 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.

[[Page 12800]]

    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) 
                                                                                                                                                                           Depth in feet above
                State                      City/town/county                  Source of flooding                                     Location**                          ground [caret] Elevation
                                                                                                                                                                             in meters (MSL)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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                                                                           Prairie Island Indian Community, Minnesota
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Minnesota............................  Prairie Island Indian     Mississippi River........................  Located at the Goodhue/Wabasha County Line................         +682         +681
                                        Community.
                                                                                                            Located at the Goodhue/Dakota County Line.................         +690         +688
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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
Prairie Island Indian Community
Maps are available for inspection at the Administration Building, 5636 Sturgeon Lake Road, Welch, MN 55089.
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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                              New Haven County, Connecticut, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Coguinchaug River...................  At county boundary.....         None         +199  Town of Guilford.
                                      Approximately 25 feet           None         +199
                                       upstream of county
                                       boundary.
Farm River..........................  At a point located               +11          +10  Town of Branford, Town
                                       approximately 700 feet                             of East Haven.
                                       downstream of West
                                       Main Street (U.S.
                                       Route 1).
                                      At Mouth of Farm River.          +14          +15
Hoadley Creek.......................  Approximately 700 feet          None          +10  Town of Branford.
                                       upstream of State
                                       Route 146.
                                      Approximately 800 feet          None          +10
                                       upstream of State
                                       Route 146.
Housatonic River....................  Approximately 1.7 miles          +15          +14  City of Milford.
                                       upstream of Merritt
                                       Parkway.
                                      Approximately 2.2 miles          +16          +14
                                       upstream of Merritt
                                       Parkway.
Mad River (Lower Reach).............  Approximately 73 feet           None         +461  City of Waterbury.
                                       upstream of Sharon
                                       Road.
                                      Approximately 800 feet          None         +461
                                       upstream of Sharon
                                       Road.
Muddy River Tributary C.............  Approximately 528 feet          None          +80  Town of North Haven.
                                       downstream of State
                                       Route 22.
                                      Approximately 328 feet          None          +81
                                       downstream of State
                                       Route 22.
Naugatuck River.....................  Approximately 0.65 mile          +44          +40  Town of Seymour.
                                       downstream of
                                       Kinneytown Dam.
                                      Approximately 0.53 mile          +44          +43
                                       downstream of
                                       Kinneytown Dam.
Neck River..........................  Just upstream of Goulds         None          +76  Town of Guilford.
                                       Pond Dam.
                                      Approximately 0.8 mile          None         +143
                                       upstream of Blinn Shed
                                       Road.
Quinnipiac River....................  At confluence of                 +20          +21  Town of North Haven.
                                       Wharton Brook.

[[Page 12801]]

 
                                      Just downstream of               +22          +23
                                       Toelles Road.
Wharton Brook.......................  At confluence with               +20          +21  Town of North Haven.
                                       Quinnipiac River.
                                      Approximately 500 feet           +20          +21
                                       upstream of the
                                       confluence with
                                       Quinnipiac River.
Willow Brook........................  Approximately 400 feet          +113         +114  Town of Hamden.
                                       upstream of the
                                       confluence with Mill
                                       River.
                                      At Mount Sanford Road..         None         +125
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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 Milford
Maps are available for inspection at City of Milford Planning and Zoning Office, 70 West River Street, Milford,
 CT.
 
City of Waterbury
Maps are available for inspection at City of Waterbury Public Works Department, 26 Kendrick Avenue, 2nd Floor,
 Waterbury, CT.
 
Town of Branford
 
Maps are available for inspection at Branford Town Hall, 1019 Main Street, Branford, CT.
 
Town of East Haven
Maps are available for inspection at Town of East Haven Engineering Office, 461 North High Street, East Haven,
 CT.
 
Town of Guilford
Maps are available for inspection at Guilford Town Hall South, 50 Boston Street, Guilford, CT.
 
Town of Hamden
Maps are available for inspection at Town of Hamden Planning and Zoning Department, 2750 Dixwell Avenue, Hamden,
 CT.
 
Town of North Haven
Maps are available for inspection at North Haven Town Hall Annex, 18 Church Street, North Haven, CT.
 
Town of Seymour
Maps are available for inspection at Seymour Town Hall, 1 First Street, Seymour, CT.
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----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Monroe County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cumberland River....................  Approximately 5200 feet         None         +518  Unincorporated Areas of
                                       downstream confluence                              Monroe County.
                                       with McFarland Creek.
                                      At confluence with              None         +536
                                       Glasscock Creek.
----------------------------------------------------------------------------------------------------------------
* 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.
 
 
[[Page 12802]]

 
                                                    ADDRESSES
                                      Unincorporated Areas of Monroe County
Maps are available for inspection at 200 North Main Street, Tompkinsville, KY 42167.
----------------------------------------------------------------------------------------------------------------
                              Evangeline Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Barwick Tributary.............  At the intersection of          None          +44  Unincorporated Areas of
                                       Bayou Barwick                                      Evangeline Parish.
                                       Tributary and Stagg
                                       Road.
                                      At the intersection of          None          +44  .......................
                                       Bayou Barwick
                                       Tributary and Highway
                                       190.
Bayou Joe Marcel Tributary 1.                                  Bayou Joe Marcel
                                       Tributary 1
                                       and Alton Locks Street.
                                      At the intersection of          None          +67
                                       Bayou Joe Marcel
                                       Tributary 1
                                       and Te Mamou Road.
Bayou Joe Marcel Tributary 2.                                  upstream of the
                                       intersection of Bayou
                                       Joe Marcel Tributary
                                       2 and Main
                                       Street. Base Flood
                                       Elevations extend to
                                       Bayou Joe Marcel
                                       Tributary 3.
                                      At the intersection of          None          +74
                                       Bayou Joe Marcel
                                       Tributary 2
                                       and Ortego Street.
                                       Base Flood Elevations
                                       extend to Bayou Joe
                                       Marcel Tributary
                                       3.
Bayou Joe Marcel Tributary 3.                                  downstream of the
                                       intersection of Bayou
                                       Joe Marcel Tributary
                                       3 and Reed
                                       Street. Base Flood
                                       Elevations extend to
                                       Bayou Joe Marcel
                                       Tributary 2.
                                      Approximately 197 feet           +72          +74
                                       downstream of the
                                       intersection of Bayou
                                       Joe Marcel Tributary
                                       3 and Reed
                                       Street. Base Flood
                                       Elevations extend to
                                       Bayou Joe Marcel
                                       Tributary 2.
----------------------------------------------------------------------------------------------------------------
* 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
Town of Ville Platte
Maps are available for inspection at P.O. Box 390, Ville Platte, LA 70586.
 
                                    Unincorporated Areas of Evangeline Parish
Maps are available for inspection at 200 Court Street, Ste 207, Ville Platte, LA 70586.
----------------------------------------------------------------------------------------------------------------
                                 Marion County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bear Creek..........................  3,930 Feet Downstream           None         +562  Unincorporated Areas of
                                       of County Road 418.                                Marion County.
                                      U.S. Highway 36........         None         +583
Minnow Branch.......................  Munger Lane............         +587         +589  City of Hannibal,
                                                                                          Unincorporated Areas
                                                                                          of Marion County.
                                      Veterans Road..........         None         +685
Mississippi River...................  2.175 Miles Downstream          +477         +476  Unincorporated Areas of
                                       of the Confluence of                               Marion County, City of
                                       Bear Creek.                                        Hannibal.
                                      Confluence of Bear              +475         +477
                                       Creek.
                                      U.S. Highway 24........         +488         +487
St. Clair Creek.....................  2,150 Feet Downstream           +567         +568  Unincorporated Areas of
                                       of Veterans Road.                                  Marion County, City of
                                                                                          Hannibal.
                                      400 Feet Upstream of            None         +652
                                       Highway MM.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

[[Page 12803]]

 
+ 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 Hannibal
Maps are available for inspection at 320 Broadway, Hannibal, MO 63401
 
                                      Unincorporated Areas of Marion County
Maps are available for inspection at 100 South Main Street, Palmyra, MO 63461.
----------------------------------------------------------------------------------------------------------------
                                Saunders County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cottonwood Creek....................  2,000 feet upstream of         +1315        +1313  Unincorporated Areas of
                                       County Road Q.                                     Saunders County,
                                                                                          Village of Prague.
                                      Just upstream of               +1333        +1332
                                       Railroad Avenue.
                                      Just upstream of State         +1344        +1335
                                       Highway 79.
Platte River (with levee)...........  Just upstream of U.S.          +1066        +1064  Unincorporated Areas of
                                       Highway 6.                                         Saunders County,
                                                                                          Village of Leshara,
                                                                                          Village of Morse
                                                                                          Bluff.
                                      Just upstream of State         +1157        +1159
                                       Highway 64.
                                      At State Highway 79....        +1273        +1277
Platte River (without levee)........  Just upstream of U.S.          +1066        +1064  Unincorporated Areas of
                                       Highway 6.                                         Saunders County,
                                                                                          Village of Leshara,
                                                                                          Village of Morse
                                                                                          Bluff.
                                      Just upstream of State         +1157        +1154
                                       Highway 64.
                                      At State Highway 79....        +1273        +1277
----------------------------------------------------------------------------------------------------------------
* 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
                                     Unincorporated Areas of Saunders County
Maps are available for inspection at Courthouse, 433 North Chestnut, Wahoo, NE 68066.
 
Village of Leshara
Maps are available for inspection at Village Hall, 210 Summit Street, Leshara, NE 68064.
 
Village of Morse Bluff
Maps are available for inspection at Village Hall, 440 2nd Street, Morse Bluff, NE 68648.
 
Village of Prague
Maps are available for inspection at Village Hall, 401 West Center Avenue, Prague, NE 68050.
 
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[[Page 12804]]

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

    Dated: February 11, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6694 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P