Federal Register, Volume 73 Issue 190 (Tuesday, September 30, 2008)

[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Proposed Rules]
[Pages 56779-56781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22981]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1009]

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 December 29, 2008.

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-1009, 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)
bill.blanton@dhs.gov.

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) bill.blanton@dhs.gov.

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.
Administrative Procedure Act Statement. This matter is not a
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C.
553. FEMA publishes flood elevation determinations for notice and
comment; however, they are governed by the Flood Disaster Protection
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
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 56780]]

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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
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Existing Modified
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Unincorporated Areas of Lauderdale County, Alabama
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Alabama........................ Unincorporated Shoal Creek....... BFE 520 is at a point of 1,435 feet upstream of the None +520
Areas of confluence of Shoal Creek and Indiancamp Creek.
Lauderdale County.
BFE 558 is at a point of 27,805 feet upstream of the None +558
confluence of Shoal Creek and Butler Creek.
Alabama........................ Unincorporated Tennessee River BFE 432 is at a point of 5,270 feet upstream of the +431 +432
Areas of (Navigation intersection of the Tennessee River and O'Neal
Lauderdale County. Channel). Bridge.
BFE 435 is at a point of 263 feet downstream of +431 +435
Wilson Dam.
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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 Lauderdale County

Maps are available for inspection at 5100 Hwy 157 N, Florence, AL 35633.

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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
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Effective Modified
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Ben Hill County, Georgia, and Incorporated Areas
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Turkey Creek........................ Just upstream of None +315 Unincorporated Areas of
Industrial Drive. Ben Hill County.
Approximately 270 feet None +319
downstream of Cemetery
Road.
At Cemetery Road....... None +319
Approximately 1,520 None +327
feet downstream of
Monitor Drive.
Approximately 760 feet None +341
upstream of Sultana
Drive.
Approximately 1,150 None +344
feet upstream of
Rochelle Road.
Turkey Creek Tributary No. 1........ Approximately 950 feet None +328 Unincorporated Areas of
downstream of W. Ben Hill County.
Roanoke Drive.
Approximately 480 feet None +329
downstream of W.
Roanoke Drive.
Willacoochee River.................. Approximately 1,880 None +324 Unincorporated Areas of
feet downstream of Ben Hill County.
Irwinville Highway.
Approximately 1,780 None +324
feet downstream of
Irwinville Highway.
Approximately 1,280 None +325
feet downstream of
Irwinville Highway.
Approximately 480 feet None +326
downstream of
Irwinville Highway.
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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 Ben Hill County

Maps are available for inspection at County Commissioners Office, 402-A East Pine Street, Fitzgerald, GA 31750.
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[[Page 56781]]

Halifax County, Virginia, and Incorporated Areas
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Reedy Creek......................... Approximately 1,400 None +331 Unincorporated Areas of
feet downstream of Ash Halifax County.
Avenue.
At confluence with Dan None +331
River.
Rocky Branch........................ At confluence with None +331 Unincorporated Areas of
Reedy Creek. Halifax County.
Approximately 0.4 mile None +346
upstream of Eastover
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

Unincorporated Areas of Halifax County

Maps are available for inspection at Halifax County GIS Department, 134 South Main, Halifax, VA 24558.
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Spokane County, Washington, and Incorporated Areas
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Argonne Creek....................... Approximately 1,300 None +1922 Unincorporated Areas of
feet downstream of N Spokane County.
Maringo Drive.
Approximately 600 feet None +1987
upstream of N Boeing
Road.
Forker Draw......................... Approximately at N None +2065 Unincorporated Areas of
Progress Road. Spokane County, City
of Spokane Valley.
Approximately 70 feet None +2336
downstream of E
Bigelow Gulch 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 Spokane Valley

Maps are available for inspection at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 99206.

Unincorporated Areas of Spokane County

Maps are available for inspection at 808 W. Spokane Falls Blvd., Spokane, WA 99201.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: September 19, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-22981 Filed 9-29-08; 8:45 am]
BILLING CODE 9110-12-P