
[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Proposed Rules]               
[Page 63113-63116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc08-26]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1013]

 
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.

[[Page 63114]]


DATES: Comments are to be submitted on or before January 21, 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-1013, 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:

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                                                                     *Elevation in feet
                                                                     (NGVD)  + Elevation
                                                                       in feet  (NAVD)
         Flooding source(s)              Location of referenced       Depth in    Communities affected
                                               elevation**            feet above ground
                                                                   ----------------------
                                                                    Effective   Modified
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                                 Graves County, Kentucky, and Incorporated Areas
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Camp Creek..........................  Approximately 2,000 feet           None       +352  Graves County.
                                       upstream KY-348.
                                      Approximately 800 feet             None       +370
                                       upstream Railroad.
Kess Creek..........................  At Paris Road...............       None       +456  Graves County, City of
                                                                                           Mayfield.
                                      Approximately 750 downstream       None       +470
                                       of South 10th Street.
Obion Creek.........................  Approximately 2,100 feet           None       +378  Graves County.
                                       downstream Railroad (West
                                       County Boundary).
                                      At US-45....................       None       +410
----------------------------------------------------------------------------------------------------------------
* 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 Mayfield
Maps are available for inspection at 211 East Broadway, Mayfield, KY 42066.


[[Page 63115]]


Graves County
Maps are available for inspection at 101 East South Street, Mayfield, KY 42066.
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                                 Cocke County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Clear Creek.........................  Approximately 2.2 miles            None      +1030  Unincorporated Areas
                                       upstream of the confluence                          of Cocke County.
                                       of French Broad River.
                                      Approximately 927 feet            +1029      +1030
                                       upstream of the confluence
                                       of French Broad River.
French Broad River/Douglas Lake.....  Approximately 4.7 miles            None      +1002  Unincorporated Areas
                                       downstream of U.S. Highway                          of Cocke County.
                                       25 E.
                                      Approximately 1.5 miles           +1016      +1014
                                       upstream of the confluence
                                       of Pigeon River.
Haney Branch........................  At the confluence of French        None      +1010  Unincorporated Areas
                                       Broad River.                                        of Cocke County.
                                      Approximately 1,290 feet           None      +1010
                                       upstream of Wynn Way.
McCowan Creek.......................  At the confluence of French        None      +1002  Unincorporated Areas
                                       Broad River.                                        of Cocke County.
                                      Approximately 1.1 miles            None      +1002
                                       upstream of the confluence
                                       of French Broad River.
Nolichucky River....................  Approximately 1.2 miles            None      +1022  Unincorporated Areas
                                       upstream of Hale Road.                              of Cocke County.
                                      Approximately 1.1 miles            None      +1044
                                       upstream of Glendale 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

                                      Unincorporated Areas of Cocke County
Maps are available for inspection at Cocke County Courthouse, 111 Court Avenue, Rm 112, Newport, TN 37821.
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                                Buffalo County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Buffalo River.......................  Approximately 7,700 feet           None       +777  Unincorporated Areas
                                       downstream of the Eau                               of Buffalo County.
                                       Claire Street bridge.
                                      Approximately 7,000 feet           None       +777
                                       downstream of the Eau
                                       Claire Street bridge.
Mississippi River...................  Approximately 4.8 miles            +658       +657  City of Alma, City of
                                       downstream of State Highway                         Buffalo, City of
                                       54.                                                 Fountain City,
                                                                                           Unincorporated Areas
                                                                                           of Buffalo County,
                                                                                           Village of Cochrane,
                                                                                           Village of Nelson.
                                      Approximately 2.1 miles            +681       +680
                                       upstream of State Highway
                                       25.
Peeso Creek.........................  Approximately 3,400 feet           None       +822  Unincorporated Areas
                                       upstream of the Washington                          of Buffalo County.
                                       Street Bridge.
                                      Approximately 4,200 feet           None       +825
                                       upstream of the Washington
                                       Street Bridge.
----------------------------------------------------------------------------------------------------------------
* 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 Alma
Maps are available for inspection at City Hall, 314 North Main Street, Alma, WI 54610.

City of Buffalo

[[Page 63116]]


Maps are available for inspection at Municipal Building, 245 East 10th Street, Buffalo City, WI 54622.

City of Fountain City
Maps are available for inspection at City Hall, 42 North Main Street, Fountain City, WI 54629.

                                     Unincorporated Areas of Buffalo County
Maps are available for inspection at Buffalo County Courthouse, 407 South 2nd Street, Alma, WI 54610.

Village of Cochrane
Maps are available for inspection at Village Hall, 102 East 5th Street, Cochrane, WI 54622.

Village of Nelson
Maps are available for inspection at Village Hall, 105 South Main Street, Nelson, WI 54756.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: October 10, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-25264 Filed 10-22-08; 8:45 am]

BILLING CODE 9110-12-P
