
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Proposed Rules]               
[Page 76318-76322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de08-22]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1024]

 
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 March 16, 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-1024, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal

[[Page 76319]]

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:

----------------------------------------------------------------------------------------------------------------
                                                                    * Elevation in feet
                                                                   (NGVD) + Elevation in
                                                                   feet (NAVD) 
         Flooding source(s)            Location of referenced       Depth in feet above     Communities affected
                                            elevation **                  ground
                                                                --------------------------
                                                                  Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Ventura County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Arroya Santa Rosa..................  At the confluence with             +232         +233  Unincorporated Areas
                                      Conejo Creek.                                         of Ventura County.
                                     Approximately 0.6 mile             +381         +378
                                      upstream of East Las
                                      Posas Road.
Arroyo Santa Rosa Tributary........  At the confluence with             +258         +250  Unincorporated Areas
                                      Arroyo Santa Rosa.                                    of Ventura County.
                                     Approximately 400 feet             None         +379
                                      upstream of Santa Rosa
                                      Road.
Calleguas Creek....................  Approximately 100 feet             +141         +143  Unincorporated Areas
                                      downstream of U.S.                                    of Ventura County,
                                      Highway 101.                                          City of Camarillo.
                                     Approximately 0.9 mile             +241         +248
                                      upstream of Seminary Road.
Camarillo Hills Drain..............  Approximately 40 feet               +92          +95  City of Camarillo.
                                      upstream of West Ventura
                                      Boulevard.
                                     At Arneill Road...........         None         +185
Edgemore Drain.....................  At the confluence with             None         +117  City of Camarillo.
                                      Camarillo Hills Drain.
                                     Approximately 520 feet             None         +153
                                      upstream of Getman Street.
Mission Drain......................  At the confluence with             None         +132  City of Camarillo.
                                      Camarillo Hills Drain.
                                     Approximately 430 feet             None         +173
                                      downstream of Mission
                                      Drive.
Peach Hill Wash....................  At the confluence with             +427         +426  City of Moorpark,
                                      Arroyo Simi.                                          Unincorporated Areas
                                                                                            of Ventura County.
                                     Approximately 1,170 feet           +475         +477
                                      upstream of Country Hill
                                      Road.
Somis Drain........................  At the confluence with             +165         +168  City of Camarillo.
                                      Calleguas Creek.
                                     At Las Posas Road.........         None         +203
West Camarillo Hills Tributary.....  At the confluence with             None         +124  City of Camarillo.
                                      Camarillo Hills Drain.

[[Page 76320]]


                                     Approximately 20 feet              None         +155
                                      downstream of Las Posas
                                      Road.
----------------------------------------------------------------------------------------------------------------
* 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 Camarillo
Maps are available for inspection at Camarillo City Hall, 601 Carmen Drive, Camarillo, CA.
City of Moorpark
Maps are available for inspection at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA.

                                     Unincorporated Areas of Ventura County
Maps are available for inspection at Ventura County Hall of Administration, 800 South Victoria Avenue, Ventura,
 CA.
----------------------------------------------------------------------------------------------------------------
                                  Gage County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Blue River.....................  Approximately 900 feet             None        +1195  Unincorporated Areas
                                      upstream of State Highway                             of Gage County.
                                      8.
                                     Approximately 0.5 mile             None        +1196
                                      upstream of State Highway
                                      8.
Big Blue River Tributary 44........  Upstream of South 25th            +1254        +1261  City of Beatrice.
                                      Street.
                                     Downstream of Scott Street         None        +1273
Big Blue River backwater on Bills    Approximately 1,200 feet           None        +1217  City of Wymore.
 Creek.                               downstream of South A
                                      Street.
                                     Approximately 600 feet             None        +1217
                                      downstream of South A
                                      Street.
----------------------------------------------------------------------------------------------------------------
* 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 Beatrice
Maps are available for inspection at City Hall, 400 Ella Street, Beatrice, NE 68310.
City of Wymore
Maps are available for inspection at City Office, 115 West East Street, Wymore, NE 68466.

                                       Unincorporated Areas of Gage County
Maps are available for inspection at Gage County Highway Department, 823 South 8th Street, Beatrice, NE 68310.
----------------------------------------------------------------------------------------------------------------
                             Jackson County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bumgarner Branch...................  At the confluence with             None        +2114  Town of Sylva,
                                      Mill Creek (into                                      Unincorporated Areas
                                      Tuckasegee River).                                    of Jackson County.
                                     Approximately 1,200 feet           None        +2136
                                      upstream of Big Orange
                                      Way.
Tuckasegee River...................  Approximately 150 feet             None        +1835  Town of Dillsboro,
                                      downstream of the Jackson/                            Unincorporated Areas
                                      Swain County boundary.                                of Jackson County.
                                     The confluence of                  None        +3654
                                      Greenland Creek and
                                      Panthertown Creek.
----------------------------------------------------------------------------------------------------------------
* 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
Town of Dillsboro
Maps are available for inspection at Dillsboro Town Office, 42 Front Street, Dillsboro, NC.

[[Page 76321]]


Town of Sylva
Maps are available for inspection at Sylva Town Hall, 83 Allen Street, Sylva, NC.


qdrt]Maps are available for inspection at Jackson County Inspections Department, 401 Grindstaff Cove Road, Suite
 105, Sylva, NC.
----------------------------------------------------------------------------------------------------------------
                              Pottawatomie County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tributary 1 to Rock Creek.  Confluence with Rock Creek         +973         +974  City of Shawnee.
                                      and Tributary 1
                                      to Rock Creek.
                                     Approximately 1,565 feet           +985         +986
                                      upstream of Kickapoo
                                      Street.
Tributary 1 to Tributary    Approximately 500 feet             None         +989  City of Shawnee.
 2 to Rock Creek.            downstream of Union
                                      Street.
                                     Intersection of 45th               None        +1021
                                      Street and Tributary
                                      1 to Tributary
                                      2 to Rock Creek.
----------------------------------------------------------------------------------------------------------------
* 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 Shawnee
Maps are available for inspection at County Courthouse, 325 N. Broadway, Shawnee, OK 74801.
----------------------------------------------------------------------------------------------------------------
                                Monroe County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Sweetwater Creek...................  121 feet upstream of State         +903         +908  City of Sweetwater.
                                      Highway 322.
                                     290 feet downstream of             +917         +918
                                      State Highway 68.
                                     1,655 feet upstream of             None         +920
                                      State Highway.
Sweetwater Creek...................  1,430 feet downstream of           None         +888  Unincorporated Areas
                                      North Main Street.                                    of Monroe County,
                                                                                            City of Sweetwater.
                                     248 Feet Upstream of State         None         +920
                                      Highway.
----------------------------------------------------------------------------------------------------------------
* 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 Sweetwater
Maps are available for inspection at 203 Monroe Street, Sweetwater, TN 37874.

                                      Unincorporated Areas of Monroe County
Maps are available for inspection at 310 Tellico Street, Suite 2, Madisonville, TN 37354.
----------------------------------------------------------------------------------------------------------------


[[Page 76322]]

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

    Dated: December 5, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-29763 Filed 12-15-08; 8:45 am]

BILLING CODE 9110-12-P
