[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24753-24757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12105]


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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-1047]


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% 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 August 24, 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-1047, 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 24754]]



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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)  
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation **          Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                  Harvey County, Kansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Sand Creek..........................  Approximately 865 feet         +1436        +1434  City of North Newton.
                                       upstream of Northeast
                                       24th Street.
                                      Approximately 1,590            +1437        +1435
                                       feet upstream of
                                       Northeast 24th Street.
----------------------------------------------------------------------------------------------------------------
* 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 North Newton
Maps are available for inspection at 2601 North Main Street, North Newton, KS 67117.
----------------------------------------------------------------------------------------------------------------
 
                               Dukes County, Massachusetts, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean......................  Along the shoreline of            +7          +11  Town of Chilmark.
                                       the Atlantic Ocean
                                       between Gilberts Cove
                                       and Quenames Cove.
Atlantic Ocean......................  Along the shoreline of          None           +9  Town of Edgartown.
                                       the Atlantic Ocean
                                       between Paqua Pond and
                                       Jobs Neck Pond.
Atlantic Ocean......................  Along the shoreline of          None           +9  Town of West Tisbury.
                                       the Atlantic Ocean
                                       between Long Cove and
                                       Homer Road.
Vineyard Sound......................  Along the shoreline of            +8           +9  Town of Aquinnah.
                                       Vineyard Sound
                                       approximately 300 feet
                                       East of the
                                       intersection of
                                       Lobsterville Road and
                                       West Basin Road.
Vineyard Sound......................  Along the shoreline of          None          +12  Town of Oak Bluffs.
                                       Vineyard Sound between
                                       Farm Pond and Hamlin
                                       Pond.
Vineyard Sound......................  Along the shoreline of          None          +12  Town of Tisbury.
                                       Vineyard Sound between
                                       Algonquin Avenue to
                                       Yacht Club Lane.
----------------------------------------------------------------------------------------------------------------
* 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 Aquinnah
Maps are available for inspection at the Town Hall, 65 State Road, Aquinnah, MA 02535.
 
Town of Chilmark
Maps are available for inspection at the Town Hall, 401 Middle Road, Chilmark, MA 02535.
 
Town of Edgartown
Maps are available for inspection at the Town Hall, 70 Main Street, Edgartown, MA 02539.
 
Town of Oak Bluffs
Maps are available for inspection at the Town Hall, 56 School Street, Oak Bluffs, MA 02557.
 
Town of Tisbury
Maps are available for inspection at the Town Hall, 51 Spring Street, Vineyard Haven, MA 02568.
 
Town of West Tisbury
Maps are available for inspection at the Town Hall, 1059 State Road, West Tisbury, MA 02575.
----------------------------------------------------------------------------------------------------------------
 
                                 Kennebec County, Maine, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
China Lake..........................  Along the entire                None         +199  Town of Albion.
                                       shoreline.
China Lake..........................  Along the entire                None         +199  Town of Vassalboro.
                                       shoreline.
Kezar Brook.........................  At the mouth of                 None         +169  Town of Winthrop.
                                       Cobboseecontee Lake.

[[Page 24755]]

 
                                      Just downstream of              None         +169
                                       South Road.
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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
 
Town of Albion
Maps are available for inspection at the Town Office, 22 Main Street, Albion, ME 04910.
 
Town of Vassalboro
Maps are available for inspection at the Town Hall, 682 Main Street, North Vassalboro, ME 04989.
 
Town of Winthrop
Maps are available for inspection at the Town Hall, 17 Highland Avenue, Winthrop, ME 04364.
----------------------------------------------------------------------------------------------------------------
                                Pike County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tangipahoa River....................  Approximately 0.68              None         +233  Town of Osyka.
                                       miles downstream of
                                       Highway 575.
                                      Approximately 1,100             None         +236
                                       feet downstream of
                                       Highway 575.
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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
 
Town of Osyka
Maps are available for inspection at 215 West Liberty Street, Osyka, MS 39648.
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                                 Muskingum County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Moxahala Creek......................  Approximately 1,300             None         +734  Unincorporated Areas of
                                       feet downstream of                                 Muskingum County.
                                       Ransbottom Road.
                                      Approximately 500 feet          None         +735
                                       downstream of East 1st
                                       Street.
Muskingum River.....................  Approximately 0.4 mile          +714         +718  Village of Dresden.
                                       downstream of E
                                       Muskingum Avenue
                                       (State Route 208).
                                      At confluence with              +716         +720
                                       Wakatomika Creek.
Muskingum River.....................  Approximately 0.6 mile          None         +683  Village of Philo.
                                       downstream of
                                       confluence with Salt
                                       Creek.
                                      Approximately 0.5 mile          None         +685
                                       upstream of confluence
                                       with Salt Creek.
Wakatomika Creek....................  Approximately 0.5 mile          +719         +720  Unincorporated Areas of
                                       downstream of Main                                 Muskingum County.
                                       Street.
                                      Approximately 1,400             +719         +725
                                       feet downstream of
                                       Frazeysburg Road.
Wakatomika Creek....................  Approximately 0.6 mile          None         +745  Unincorporated Areas of
                                       downstream of Shannon                              Muskingum County,
                                       Road.                                              Village of
                                                                                          Frazeysburg.
                                      Just downstream of              None         +751
                                       Canal Road.
Wakatomika Creek....................  Approximately 0.5 mile          None         +720  Village of Dresden.
                                       downstream of Main
                                       Street.
                                      Approximately 0.4 mile          None         +725
                                       downstream of
                                       Frazeysburg Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 

[[Page 24756]]

 
** 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 Muskingum County
Maps are available for inspection at 401 Main Street, Zanesville, OH 43701.
 
Village of Dresden
Maps are available for inspection at 904 Chestnut Street, Dresden, OH 43821.
 
Village of Frazeysburg
Maps are available for inspection at 7 West Second Street, Frazeysburg, OH 43822.
 
Village of Philo
Maps are available for inspection at 300 Main Street, Philo, OH 43771.
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                                 Macon County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Salt Lick Creek.....................  Approximately 1,965             None         +778  Unincorporated Areas of
                                       feet upstream of State                             Macon County.
                                       Highway 151.
                                      Approximately 1,624             None         +778
                                       feet upstream of State
                                       Highway 151.
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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
 
                                      Unincorporated Areas of Macon County
Maps are available for inspection at 201 County Courthouse, Lafayette, TN 37083.
----------------------------------------------------------------------------------------------------------------
                                   Ector County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Flooding Effects of Eastside Channel  Just downstream of the          None        +2887  Unincorporated Areas of
 and its Split Flow.                   Pacific Union Railroad.                            Ector County, City of
                                                                                          Odessa.
                                      Just downstream of              None        +2906
                                       Pueblo Avenue.
                                      Approximately 200 feet          None        +2912
                                       upstream of the
                                       intersection of Custer
                                       Avenue and Eastside
                                       Channel.
Flooding Effects of Monahans Draw...  Just upstream of                None        +2842  Unincorporated Areas of
                                       Grandview Road.                                    Ector County.
                                      Just upstream of South          None        +2878
                                       Crane Avenue.
                                      Just upstream of West           None        +2884
                                       County Road.
                                      Just upstream of                None        +3009
                                       Westcliff Drive.
                                      Just upstream of State          None        +3043
                                       Highway 866.
Flooding effects of Far East Channel  At the confluence of            None        +2857  Unincorporated Areas of
 and its subsidiary channels.          East Side Channel.                                 Ector County, City of
                                                                                          Odessa.
                                      Approximately 450 feet          None        +2899
                                       upstream of the
                                       intersection of
                                       Caliche Road.
                                      Just upstream of Maple          None        +2907
                                       Avenue.
Flooding effects of West Side         At the confluence of            None        +2896  City of Odessa.
 Drainage Channel.                     Monahans Draw.
                                      Just upstream of West           None        +2909
                                       16th Street.
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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.
 

[[Page 24757]]

 
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 Odessa
Maps are available for inspection at 411 West 8th Street, Odessa, TX 79761.
 
                                      Unincorporated Areas of Ector County
Maps are available for inspection at 521 North Texas Street, Odessa, TX 79761.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: May 14, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
 [FR Doc. E9-12105 Filed 5-22-09; 8:45 am]
BILLING CODE 9110-12-P