
[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Proposed Rules]               
[Page 18243-18246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap08-27]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7769]

 
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 July 2, 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-7769, 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

[[Page 18244]]

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
                                       Location of referenced    feet (NAVD)  Depth in
         Flooding source(s)                 elevation**            feet above ground       Communities affected
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Jersey County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Elsah Creek.........................  At the mouth of the             +439         +438  Village of Elsah.
                                       Mississippi River.
                                      Approximately 500 feet          +439         +438
                                       upstream of Maple
                                       Street.
Illinois River......................  At the mouth of the             +440         +439  Unincorporated Areas of
                                       Mississippi River in                               Jersey County, City of
                                       Jersey County.                                     Grafton.
                                      Approximately 1500 feet         +440         +439
                                       upstream of the
                                       Illinois River Road
                                       Ferry Crossing.
Mississippi River...................  Approximately 0.5 miles         +438         +437  Unincorporated Areas of
                                       downstream of the                                  Jersey County, City of
                                       confluence of Piasa                                Grafton, Village of
                                       Creek.                                             Elsah.
                                      At river mile 223.1 at          +441         +440
                                       the downstream tip of
                                       Iowa Island.
----------------------------------------------------------------------------------------------------------------
* 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 Grafton
Maps are available for inspection at Grafton City Hall, 118 East Main Street, Grafton, IL 62037.
                                      Unincorporated Areas of Jersey County
Maps are available for inspection at Jersey County Government Building, 200 North Lafayette St., Jerseyville, IL
 62052.
Village of Elsah
Maps are available for inspection at 51 North Street, P.O. Box 28, Elsah, IL 62028.
----------------------------------------------------------------------------------------------------------------
                              Yancey County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bailey Branch.......................  At the confluence with          None        +2575  Unincorporated Areas of
                                       Pine Swamp Branch.                                 Yancey County.
                                      Approximately 1,740             None        +2637
                                       feet upstream of the
                                       confluence with Pine
                                       Swamp Branch.
Bald Mountain Creek.................  At the confluence with         +2293        +2294  Unincorporated Areas of
                                       Cane River.                                        Yancey County.
                                      Approximately 1,810             None        +2467
                                       feet upstream of Bee
                                       Log Road (State Road
                                       1408).
Big Crabtree Creek..................  The confluence with             None        +2411  Unincorporated Areas of
                                       South Toe River.                                   Yancey County.
                                      Approximately 1.4 miles         None        +3147
                                       upstream of Seven Mile
                                       Ridge Road (State Road
                                       1167).
Brown Creek.........................  Approximately 300 feet         +2633        +2634  Unincorporated Areas of
                                       upstream of the                                    Yancey County.
                                       confluence with South
                                       Toe River.

[[Page 18245]]


                                      Approximately 1.2 miles         None        +4690
                                       upstream of Upper
                                       Browns Creek Road
                                       (State Road 1154).
Cane River..........................  At the confluence with          None        +2044  Unincorporated Areas of
                                       Nolichucky River and                               Yancey County.
                                       North Toe River.
                                      Approximately 60 feet           None        +3157
                                       downstream of the
                                       confluence of Mitchell
                                       Creek.
Cattail Creek.......................  At Mountain Farm Road..         None        +3012  Unincorporated Areas of
                                                                                          Yancey County.
                                      At the confluence of            None        +3157
                                       North Fork Cattail
                                       Creek and South Fork
                                       Cattail Creek.
Jacks Creek.........................  At the confluence with          None        +2136  Unincorporated Areas of
                                       North Toe River.                                   Yancey County.
                                      Approximately 60 feet           None        +2532
                                       upstream of Sheriff
                                       Anglin Road (State
                                       Road 1364).
Little Crabtree Creek...............  Approximately 450 feet         +2622        +2623  Unincorporated Areas of
                                       downstream of Depot                                Yancey County, Town of
                                       Street (State Road                                 Burnsville.
                                       1140).
                                      Approximately 650 feet          None        +2740
                                       upstream of East
                                       Boulevard.
McIntosh Branch.....................  The confluence with             None        +2699  Unincorporated Areas of
                                       Pine Swamp Branch.                                 Yancey County, Town of
                                                                                          Burnsville.
                                      Approximately 50 feet           None        +2751
                                       upstream of Van Kirk
                                       Lane.
Mitchell Branch.....................  At the confluence with          None        +2705  Unincorporated Areas of
                                       Little Crabtree Creek.                             Yancey County, Town of
                                                                                          Burnsville.
                                      Approximately 260 feet          None        +2751
                                       upstream of Mitchell
                                       Branch (State Road
                                       1373).
Nolichucky River....................  Approximately 550 feet          None        +1981  Unincorporated Areas of
                                       upstream of the                                    Yancey County.
                                       railroad.
                                      At the confluence of            None        +2044
                                       Cane River and North
                                       Toe River.
North Cox Creek.....................  Approximately 220 feet         +2148        +2149  Unincorporated Areas of
                                       upstream of the                                    Yancey County.
                                       confluence with Cane
                                       River.
                                      Approximately 1.5 miles         None        +3061
                                       upstream of the
                                       confluence with Cane
                                       River.
North Fork Cattail Creek............  At the confluence with          None        +3157  Unincorporated Areas of
                                       Cattail Creek and                                  Yancey County.
                                       South Fork Cattail
                                       Creek.
                                      Approximately 1.1 miles         None        +4869
                                       upstream of North Fork
                                       Road.
North Toe River.....................  At the confluence with          None        +2044  Unincorporated Areas of
                                       Nolichucky River and                               Yancey County.
                                       Cane River.
                                      At the Yancey/Mitchell          None        +2411
                                       County boundary.
Pine Swamp Branch...................  At the confluence with          None        +2553  Unincorporated Areas of
                                       Cane River.                                        Yancey County, Town of
                                                                                          Burnsville.
                                      Approximately 1,770             None        +2720
                                       feet upstream of
                                       Cherry Lane (State
                                       Road 1139).
Pine Swamp Branch...................  Approximately 1,770             None   1  Town of Burnsville.
                                       feet upstream of
                                       Cherry Lane (State
                                       Road 1139).
                                      Approximately 200 feet          None   1
                                       upstream of East Main
                                       Street.
South Cox Creek.....................  At the confluence with          None        +2420  Unincorporated Areas of
                                       Jacks Creek.                                       Yancey County.
                                      Approximately 700 feet          None        +2791
                                       upstream of Coxes
                                       Creek Road (State Road
                                       1354).
South Fork Cattail Creek............  At the confluence with          None        +3157  Unincorporated Areas of
                                       Cattail Creek and                                  Yancey County.
                                       North Fork Cattail
                                       Creek.
                                      Approximately 0.5 mile          None        +3739
                                       upstream of Tennis
                                       Court Road.
South Toe River.....................  At the confluence with          None        +2356  Unincorporated Areas of
                                       North Toe River.                                   Yancey County.
                                      Approximately 1,100             None        +2629
                                       feet downstream of the
                                       confluence of Brown
                                       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.

[[Page 18246]]


                                                    ADDRESSES
Town of Burnsville
Maps are available for inspection at Town of Burnsville Courthouse, Mapping Department, 110 Town Square,
 Burnsville, NC.
                                      Unincorporated Areas of Yancey County
Maps are available for inspection at Yancey County Courthouse, Room 11, Burnsville, NC.
----------------------------------------------------------------------------------------------------------------
                               Beadle County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
James River.........................  Just upstream of the            None        +1237  Unincorporated Areas of
                                       Sanborn County and                                 Beadle County, City of
                                       Beadle County line.                                Huron.
----------------------------------------------------------------------------------------------------------------
                                      Just downstream of the          None        +1253
                                       Spink County and
                                       Beadle County line.
----------------------------------------------------------------------------------------------------------------
* 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 Huron
Maps are available for inspection at 329 Wisconsin, P.O. Box 1369, Huron, SD 57350.
                                      Unincorporated Areas of Beadle County
Maps are available for inspection at 400 3rd S.W., P.O. Box 25, Huron, SD 57350.
----------------------------------------------------------------------------------------------------------------

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

    Dated: March 18, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-6910 Filed 4-2-08; 8:45 am]

BILLING CODE 9110-12-P
