Federal Register, Volume 74 Issue 5 (Thursday, January 8, 2009)

[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Proposed Rules]
[Pages 789-792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-74]

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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-1029]

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 April 8, 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-1029, 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.

[[Page 790]]

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:

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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
State City/town/county Source of Location ** Depth in feet above
flooding ground
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Existing Modified
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City of Fort Yukon, Alaska
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Alaska........................ City of Fort Yukon River...... Static BFE None +445
Yukon. approximately
198' south,
southeast of
the
intersection of
1st Avenue and
Husky Avenue.
Static BFE at None +445
the
intersection of
Yukon River and
Airport 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 Fort Yukon

Maps are available for inspection at East 7th Street, Fort Yukon, AK 99740.
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City of Togiak, Alaska
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Alaska........................ City of Togiak... Togiak Bay....... Static BFE None +8
approximately
2,427 feet
southwest of
the southwest
end of Togiak
Airport.
Static BFE at None +8
the
intersection of
the Limit of
Detailed Study
and the
shoreline.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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 Togiak
Maps are available for inspection at 2nd Avenue G Street, Togiak, AK 99678.
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[[Page 791]]

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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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Lake and Peninsula Borough, Alaska, and Incorporated Areas
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Chignik Lake........................ Entire Shoreline....... None [caret]16 Lake and Peninsula
Borough.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Local Tidal Datum.

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

Lake and Peninsula Borough
Maps are available for inspection at P.O. Box 495, King Salmon, AK 99613.
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Monroe County, Indiana, and Incorporated Areas
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Beanblossom Creek................... Approximately 14,256 None +580 Unincorporated Areas of
feet downstream of Monroe County.
Pike Road.
At Old State Road 37... None +599
Clear Creek......................... Approximately 400 feet None +616 Unincorporated Areas of
downstream of Dillman Monroe County, City of
Road. Bloomington.
Approximately 350 feet None +731
upstream of First
Street.
East Branch Jackson Creek........... At confluence with +738 +739 City of Bloomington.
Jackson Creek.
Approximately 520 feet +738 +739
upstream of confluence
with Jackson Creek.
East Fork Jackson Creek............. Approximately 100 feet None +822 City of Bloomington.
upstream of Moores
Pike.
Approximately 400 feet None +822
upstream of Moores
Pike.
Griffy Creek........................ Approximately 430 feet None +602 City of Bloomington.
upstream of North Dunn
Street.
Approximately 2,760 None +602
feet upstream of North
Headley Road.
Jacks Defeat Creek.................. Approximately 400 feet None +563 Unincorporated Areas of
upstream of confluence Monroe County, Town of
with Beanblossom Creek. Ellettsville, Town of
Stineville.
Approximately 550 feet +707 +706
downstream of Harrison
Road.
Jackson Creek....................... At confluence with None +634 Unincorporated Areas of
Clear Creek. Monroe County, City of
Bloomington.
Approximately 1,120 None +772
feet upstream of Buick
Cadillac Boulevard.
Sinking Creek....................... At West Third Street... None +855 City of Bloomington.
Approximately 420 feet None +855
upstream of West Third
Street.
Stout Creek......................... At confluence with None +581 Unincorporated Areas of
Beanblossom Creek. Monroe County.
Approximately 7,000 None +584
feet upstream of
confluence with
Beanblossom Creek.
West Branch Jackson Creek........... At confluence with +738 +739 City of Bloomington.
Jackson Creek.
Approximately 220 feet None +796
upstream of Covenanter
Drive.
West Fork Clear Creek............... At confluence with +645 +648 Unincorporated Areas of
Clear Creek. Monroe County, City of
Bloomington.
Approximately 1,780 None +737
feet upstream of
Sudburg Lane.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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 792]]

ADDRESSES

City of Bloomington
Maps are available for inspection at City Hall, 401 North Morton Street, Bloomington, IN 47404.

Town of Ellettsville
Maps are available for inspection at Town Hall, 221 North Sale Street, Ellettsville, IN 47429.

Town of Stineville
Maps are available for inspection at Town Hall, 7835 West Buskirk Street, Stinesville, IN 47464.

Unincorporated Areas of Monroe County
Maps are available for inspection at Monroe County Courthouse, Room 322, 100 West Fifth Street, Bloomington, IN
47404.
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Garfield County, Oklahoma, and Incorporated Areas
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Boggy Creek Tributary (West Branch). Approximately 481 feet None +1298 City of Enid.
upstream of the
confluence of Boggy
Creek Tributary West
Branch and Boggy Creek
Tributary.
Approximately 885 feet None +1301
upstream of the
confluence of Boggy
Creek Tributary West
Branch and Boggy Creek
Tributary.
Tributary A to Boggy Creek Tributary Approximately 663 feet None +1309 City of Enid.
upstream of the
confluence of
Tributary A of Boggy
Creek Tributary and
Boggy Creek Tributary.
Approximately 1,168 None +1313
feet upstream of the
confluence of
Tributary A to Boggy
Creek Tributary and
the Boggy Creek
Tributary.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

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 Enid
Maps are available for inspection at 401 Owen Garriott Road, Enid, OK 73702.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: December 31, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-74 Filed 1-7-09; 8:45 am]
BILLING CODE 9110-12-P