
[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Proposed Rules]               
[Page 67463-67467]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-45]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1018]

 
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 February 12, 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-1018, 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:

[[Page 67464]]



----------------------------------------------------------------------------------------------------------------
                                                                                           * Elevation in feet
                                                                                         (NGVD)  + Elevation in
                                                                                         feet (NAVD)  
             State               City/town/county      Source of         Location**        Depth in feet above
                                                        flooding                                 ground
                                                                                       -------------------------
                                                                                          Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                         Township of Columbia, Michigan
----------------------------------------------------------------------------------------------------------------
Michigan......................  Township of        Goose Creek......  Approximately            None         +945
                                 Columbia.                             0.6 mile
                                                                       upstream of M
                                                                       50.
                                                                      Approximately            None         +945
                                                                       0.7 mile
                                                                       upstream of M
                                                                       50.
----------------------------------------------------------------------------------------------------------------
* 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
Township of Columbia
Maps are available for inspection at Township Offices, 8500 Jefferson Road, Brooklyn, MI 49230.
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                feet (NAVD)  
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Hamilton County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Alapaha River................  At the confluence with           +79          +81  Unincorporated Areas of
                                       Unnamed Tributary.                                 Hamilton County.
                                      At the confluence with          None          +85
                                       Little Alapaha River
                                       Unnamed Tributary.
Little Alapaha River Unnamed          At the confluence with          None          +85  Unincorporated Areas of
 Tributary.                            Little Alapaha River.                              Hamilton County.
                                      Approximately 950 feet          None         +125
                                       upstream of U.S.
                                       Highway 129.
Suwannee River Unnamed Tributary....  Just upstream of Jewett         None          +88  Town of White Springs.
                                       Street.
                                      Approximately 600 feet          None         +109
                                       upstream of 1st Street.
Timber Lake.........................  Entire shoreline.......         None         +135  Unincorporated Areas of
                                                                                          Hamilton County.
Turket Creek........................  Just upstream of the            None          +92  Unincorporated Areas of
                                       confluence with the                                Hamilton County, Town
                                       Alapahoochee River.                                of Jennings.
                                      Approximately 1,000             None         +138
                                       feet upstream of
                                       Hamilton Avenue.
----------------------------------------------------------------------------------------------------------------
* 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 Jennings
Maps are available for inspection at Jennings Town Hall, 1199 Hamilton Avenue, Jennings, FL.

Town of White Springs
Maps are available for inspection at White Springs Town Hall, 10363 Bridge Street, White Springs, FL.

                                     Unincorporated Areas of Hamilton County
Maps are available for inspection at Hamilton County Clerk's Office, 207 NE 1st Street, Room 106, Jasper, FL.
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[[Page 67465]]


                                Lamar County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Gordons Creek.......................  Approximately 1,984             None         +252  Unincorporated Areas of
                                       feet upstream of                                   Lamar County.
                                       Interstate 59.
                                      At Interstate 59.......         None         +252
Little Beaver Creek.................  Approximately 0.8 miles         None         +227  Unincorporated Areas of
                                       downstream of Browns                               Lamar County.
                                       Bridge Road.
                                      Approximately 210 feet          None         +237
                                       upstream of Browns
                                       Bridge Road.
Mill Creek No. 1....................  Approximately 1,800             None         +260  Unincorporated Areas of
                                       feet downstream of                                 Lamar County, Town of
                                       Hardie Road.                                       Sumrall.
                                      Approximately 1.6 miles         None         +313
                                       upstream of State
                                       Highway 42.
Mixons Creek Tributary 3............  Approximately 935 feet          None         +187  Unincorporated Areas of
                                       upstream of the                                    Lamar County.
                                       confluence of Mixons
                                       Creek.
                                      Approximately 1.5 miles         None         +235
                                       upstream of the
                                       confluence of Mixons
                                       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 Sumrall
Maps are available for inspection at Town Hall, 4880 Highway 589, Sumrall, MS 39482.

                                      Unincorporated Areas of Lamar County
Maps are available for inspection at County Administrator's Office, 403 Main Street, Purvis, MS 39475.
----------------------------------------------------------------------------------------------------------------
                             Lauderdale County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
McLemore Branch.....................  Approximately 2,427             None         +357  City of Meridian,
                                       feet upstream of the                               Unincorporated Areas
                                       confluence of Newell                               of Lauderdale County.
                                       Branch.
                                      Approximately 3,375             None         +403
                                       feet upstream of
                                       Windmill Drive.
Sowashee Creek Tributary 10.........  Approximately 700 feet          None         +360  Town of Marion,
                                       downstream of Dale                                 Unincorporated Areas
                                       Drive.                                             of Lauderdale County.
                                      Approximately 710 feet          None         +399
                                       upstream of Cotton Gin
                                       Road.
Sowashee Creek Tributary 8..........  Approximately 990 feet          None         +388  Town of Marion,
                                       upstream of the                                    Unincorporated Areas
                                       confluence of Sowashee                             of Lauderdale County.
                                       Creek Tributary 10.
                                      Approximately 2,475             None         +464
                                       feet upstream of State
                                       Highway 39.
----------------------------------------------------------------------------------------------------------------
* 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 Meridian
Maps are available for inspection at Meridian City Hall, 601 24th Avenue, Meridian, MS 39302.

Town of Marion
Maps are available for inspection at Marion Town Hall, 6021 Dale Drive, 39342, MS.

                                    Unincorporated Areas of Lauderdale County
Maps are available for inspection at Tax Assessor's Office, 500 Constitution Avenue, Meridian, MS 39301.
----------------------------------------------------------------------------------------------------------------

[[Page 67466]]


                                   Clark County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chapman Creek.......................  3300 feet upstream from         None         +950  Unincorporated Areas of
                                       confluence of Chapman                              Clark County
                                       Creek and Mad River.
                                      5200 feet upstream from         None         +959
                                       confluence of Chapman
                                       Creek and Mad River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** 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 Clark County
Maps are available for inspection at Springview Government Center, 3130 East Main Street, Springfield, OH 45505.
----------------------------------------------------------------------------------------------------------------
                                   Preble County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Periwinkle Run......................  Confluence with                 None        +1049  Unincorporated Areas of
                                       Sevenmile Creek.                                   Preble County.
                                      2,270 feet upstream of          None        +1057
                                       confluence with
                                       Sevenmile Creek.
Sevenmile Creek.....................  Upstream of Eaton-New           None        +1049  Unincorporated Areas of
                                       Hope Road bridge.                                  Preble County.
                                      3,175 feet Upstream of          None        +1059
                                       Eaton-New Hope Road
                                       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
                                      Unincorporated Areas of Preble County
Maps are available for inspection at Preble County Courthouse, 101 East Main Street, Eaton, OH 45320.
----------------------------------------------------------------------------------------------------------------
                                 Sauk County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Baraboo River.......................  Columbia County                 +806         +802  City of Baraboo, City
                                       boundary.                                          of Reedsburg,
                                                                                          Unincorporated Areas
                                                                                          of Sauk County,
                                                                                          Village of Lavalle,
                                                                                          Village of North
                                                                                          Freedom, Village of
                                                                                          Rock Springs, Village
                                                                                          of West Baraboo.
                                      3.7 miles downstream of         +904         +905
                                       Juneau County boundary.
Baraboo River Tributary.............  64 ft upstream of State         None         +849  Unincorporated Areas of
                                       Hwy 33.                                            Sauk County.
                                      350 ft upstream of              None         +880
                                       Berkley Boulevard.
Clark Creek.........................  Confluence with Baraboo         None         +818  Unincorporated Areas of
                                       River.                                             Sauk County.
                                      0.37 mi upstream from           None        +1234
                                       bridge at Tower Road.
Devil's Lake Tributary..............  Confluence with Baraboo         None         +819  City of Baraboo,
                                       River.                                             Unincorporated Areas
                                                                                          of Sauk County.
                                      0.57 mi upstream from           None         +979
                                       County Highway DL.
Hay Creek...........................  0.56 mi upstream of             None         +909  Unincorporated Areas of
                                       County Highway F.                                  Sauk County.
                                      161 ft upstream of              None         +909
                                       County Highway F.
Hulbert Creek.......................  0.32 mi upstream of             +826         +827  City of Wisconsin
                                       U.S. Highway 12.                                   Dells.
                                      0.51 mi upstream of             +829         +831
                                       Trout Road (Wisconsin
                                       Dells).

[[Page 67467]]


Pine Creek..........................  874 ft downstream of            None         +858  Unincorporated Areas of
                                       Hatchery Road.                                     Sauk County.
                                      Confluence with Skillet         None         +869
                                       Creek.
Skillet Creek.......................  Confluence with Pine            None         +869  Unincorporated Areas of
                                       Creek.                                             Sauk County.
                                      28 ft upstream of               None         +981
                                       bridge at State
                                       Highway 159.
Tributary to Devil's Lake Tributary.  Confluence with Devil's         None         +871  Unincorporated Areas of
                                       Lake Tributary.                                    Sauk County.
                                      0.67 mi upstream from           None        +1117
                                       bridge at State
                                       Highway 159.
Wisconsin River.....................  6.9 miles upstream of           +710         +711  Village of Merrimac,
                                       Richland County                                    Unincorporated Areas
                                       boundary.                                          of Sauk County,
                                                                                          Village of Prairie Du
                                                                                          Sac, Village of Sauk
                                                                                          City, Village of
                                                                                          Spring Green.
                                      12.5 miles downstream           +807         +808
                                       of Kilbourn Dam.
----------------------------------------------------------------------------------------------------------------
* 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 Baraboo
Maps are available for inspection at 135 4th Street, Barboo, WI 53913.

City of Reedsburg
Maps are available for inspection at 134 South Locust Street, Reedsburg, WI 53959.

City of Wisconsin Dells
Maps are available for inspection at 300 La Crosse Street, Wisconsin Dells, WI 53965.

                                       Unincorporated Areas of Sauk County
Maps are available for inspection at 505 Broadway, Baraboo, WI 53913.

Village of Lake Delton
Maps are available for inspection at 50 Wisconsin Dells Parkway South, Lake Delton, WI 53940.

Village of Lavalle
Maps are available for inspection at 103 West Main Street, La Valle, WI 53941.

Village of Merrimac
Maps are available for inspection at 100 Cook Street, Merrimac, WI 53561.

Village of North Freedom
Maps are available for inspection at 103 North Maple Street, North Freedom, WI 53951.

Village of Prairie Du Sac
Maps are available for inspection at 335 Galena Street, Prairie du Sac, WI 53578.

Village of Rock Springs
Maps are available for inspection at 201 West Broadway Avenue, Rock Springs, WI 53961.

Village of Sauk City
Maps are available for inspection at 726 Water Street, Sauk City, WI 53583.

Village of Spring Green
Maps are available for inspection at 154 North Lexington Street, Spring Green, WI 53588.

Village of West Baraboo
Maps are available for inspection at 500 Cedar Street, Baraboo, WI 53913.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')
    Dated: November 3, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-27038 Filed 11-13-08; 8:45 am]

BILLING CODE 9110-12-P
