Federal Register, Volume 74 Issue 113 (Monday, June 15, 2009)

[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Proposed Rules]
[Pages 28202-28204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14039]

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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-1057]

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 September 14, 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-1057, 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.
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 28203]]

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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)
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Effective Modified
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Madison County, Alabama, and Incorporated Areas
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Aldridge Creek...................... Approximately 0.4 miles +577 +576 City of Huntsville,
upstream of Green Cove Unincorporated Areas
Road. of Madison County.
Approximately 75 feet +679 +682
downstream of Drake
Avenue.
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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 Huntsville
Maps are available for inspection at 308 Fountain Circle Southwest, Huntsville, AL 35804.

Unincorporated Areas of Madison County
Maps are available for inspection at 100 North Side Circle, Huntsville, AL 35801.
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Franklin County, Kansas, and Incorporated Areas
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Nugent Creek........................ Just upstream of None +904 City of Ottawa,
Marshall Road. Unincorporated Areas
of Franklin County.
Just downstream of None +940
Interstate Highway 35.
Pottawatomie Creek.................. At confluence of None +874 City of Lane.
Unnamed Tributary
between Walnut Street
and Cherry Street in
eastern portion of the
city.
Just upstream of the None +875
intersection of Lane
Road and South Kansas
Avenue.
Rock Creek.......................... Just upstream of East None +902 City of Ottawa,
15th Street. Unincorporated Areas
of Franklin County.
Just downstream of None +913
Interstate Highway 35.
Walnut Creek........................ Just upstream of None +1012 City of Wellsville,
Interstate Highway 35. Unincorporated Areas
of Franklin County.
Just upstream of Utah None +1040
Road.
Walnut Creek Tributary.............. At confluence with None +1030 Unincorporated Areas of
Walnut Creek. Franklin County.
Approximately 800 feet None +1038
downstream from Hedge
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.

ADDRESSES

City of Lane
Maps are available for inspection at 520 3rd Street, P.O. Box 116, Lane, KS 66042.

City of Ottawa
Maps are available for inspection at 101 S Hickory, 2nd Floor, Ottawa, KS 66067.

City of Wellsville
Maps are available for inspection at 411 Main Street, Wellsville, KS 66092.

Unincorporated Areas of Franklin County
Maps are available for inspection at 315 South Main Street, Suite 202, Ottawa, KS 66067.
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[[Page 28204]]

Lincoln County, Missouri, and Incorporated Areas
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Cuivre River........................ At confluence with +445 +444 Unincorporated Areas of
Mississippi River at Lincoln County, City
East Sycamore Road, of Old Monroe.
east of City of Old
Monroe.
McLean Creek........................ At confluence with +446 +445 Unincorporated Areas of
Mississippi River, Lincoln County, City
just east of City of of Winfield.
Winfield.
Mississippi River................... At southern county +445 +444 Unincorporated Areas of
boundary, east of City Lincoln County, City
of Old Monroe. of Elsberry, City of
Foley, City of Old
Monroe, City of
Winfield.
At northern county +451 +450
boundary at Dameron
Road.
Sandy Creek......................... At confluence with +447 +446 Unincorporated Areas of
Mississippi River, Lincoln County, City
east of City of Foley. of Foley.
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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.

ADDRESSES

City of Elsberry
Maps are available for inspection at 201 Broadway Street, Elsberry, MO 63343.

City of Foley
Maps are available for inspection at 617 Elm Street, Foley, MO 63347.

City of Old Monroe
Maps are available for inspection at 151 Main Street, P.O. Box 212, Old Monroe, MO 63369.

City of Winfield
Maps are available for inspection at 51 Old Troy Highway, P.O. Box 59, Winfield, MO 63389.

Unincorporated Areas of Lincoln County
Maps are available for inspection at 201 Main Street, Troy, MO 63379.

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

Dated: May 27, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-14039 Filed 6-12-09; 8:45 am]
BILLING CODE 9110-12-P