
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Proposed Rules]               
[Page 69595-69598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no08-30]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1020]

 
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 17, 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-1020, 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:

----------------------------------------------------------------------------------------------------------------
                                                                    * Elevation in
                                                                feet(NGVD) + Elevation
                                                                in feet(NAVD) 
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               St. Joseph County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Baugo Creek.........................  Approximately 300 feet          +718         +719  Town of Osceola,
                                       upstream of confluence                             Unincorporated Areas
                                       with St. Joseph River/                             of St. Joseph County.
                                       Baugo Bay.
                                      Approximately 100 feet          None         +726
                                       upstream of county
                                       boundary with Elkhart
                                       County.

[[Page 69596]]


Judy Creek..........................  Approximately 1,950             +712         +711  Town of Roseland.
                                       feet upstream of
                                       Kenilwood Road.
                                      Approximately 1,825             +713         +712
                                       feet downstream of
                                       Indiana East-West Toll
                                       Road.
Kieffer Creek.......................  Approximately 550 feet          None         +690  City of South Bend,
                                       upstream of confluence                             Unincorporated Areas
                                       with St. Joseph River.                             of St. Joseph County.
                                      Approximately 1,850             +721         +722
                                       feet upstream of
                                       Hollyhock Road.
Potato Creek........................  Approximately 280 feet          None         +709  Town of North Liberty.
                                       downstream of Cemetery
                                       Road.
                                      Approximately 980 feet          None         +712
                                       upstream of Cemetery
                                       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 South Bend
Maps are available for inspection at 227 West Jefferson Blvd, Suite 400 S, South Bend, IN 46601.

Town of North Liberty
Maps are available for inspection at 300 South Main Street, North Liberty, IN 46554.

Town of Osceola
Maps are available for inspection at 850 Lincoln Way West, Osceola, IN 46561.

Town of Roseland
Maps are available for inspection at 200 Independence Drive, Roseland, IN 46637.

                                    Unincorporated Areas of St. Joseph County
Maps are available for inspection at 227 W. Jefferson Blvd, Room 732, South Bend, IN 46601.
----------------------------------------------------------------------------------------------------------------
                            Cameron Parish County, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Calcasieu Lake......................  Base Flood Elevation           +6-13        +8-16  Unincorporated Areas of
                                       Changes ranging from 8                             Cameron Parish.
                                       to 16 feet in the form
                                       of Coastal AE/VE Zones
                                       have been made.
Grand Lake/Mermentau Lake...........  Base Flood Elevation           +6-12        +8-11  Unincorporated Areas of
                                       Changes ranging from 8                             Cameron Parish.
                                       to 11 feet in the form
                                       of Coastal AE/VE Zones
                                       have been made.
Gulf of Mexico......................  Base Flood Elevation           +4-21        +6-22  Unincorporated Areas of
                                       Changes ranging from 6                             Cameron Parish.
                                       to 22 feet in the form
                                       of Coastal AE/VE Zones
                                       have been made..
Sabine Lake.........................  Base Flood Elevation           +8-13       +10-14  Unincorporated Areas of
                                       Changes ranging from                               Cameron Parish.
                                       10 to 14 feet in the
                                       form of Coastal VE
                                       Zones have been made.
White Lake..........................  Base Flood Elevation          +10-13        +8-12  Unincorporated Areas of
                                       Changes ranging from 8                             Cameron Parish.
                                       to 12 feet in the form
                                       of Coastal VE Zones
                                       have been made for
                                       transects extended
                                       from White Lake into
                                       Cameron Parish from
                                       Vermillion Parish.
----------------------------------------------------------------------------------------------------------------
* 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 Cameron Parish
Maps are available for inspection at 119 Smith Circle, Cameron, LA 70631.
----------------------------------------------------------------------------------------------------------------
                                 Custer County, Montana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tongue River........................  Approximately 1,605            +2360        +2359  Unincorporated Areas of
                                       Feet upstream of                                   Custer County, City of
                                       confluence with                                    Miles City.
                                       Yellowstone River.
                                      Approximately 5,315             None        +2375
                                       Feet upstream of
                                       Interstate 94.

[[Page 69597]]


Tongue River Split 1................  Approximately 1,450             None        +2353  Unincorporated Areas of
                                       Feet upstream of                                   Custer County, City of
                                       confluence with                                    Miles City.
                                       Yellowstone River.
                                      Approximately 2,430             None        +2358
                                       Feet upstream of 4th
                                       Street.
Tongue River Split 2A...............  Approximately 2,135             None        +2348  Unincorporated Areas of
                                       Feet upstream of                                   Custer County, City of
                                       confluence with                                    Miles City.
                                       Yellowstone River.
                                      Approximately 185 Feet          None        +2358
                                       upstream of Montana
                                       Avenue.
Tongue River Split 2B...............  Just downstream of the          None        +2359  City of Miles City.
                                       intersection of Palmer
                                       Street and 9th Street.
                                      Approximately 705 Feet          None        +2360
                                       upstream of Pleasant
                                       St.
Tongue River Split 2C...............  Approximately 380 Feet          None        +2359  City of Miles City.
                                       upstream of Palmer
                                       Street.
                                      Approximately 1,145             None        +2363
                                       Feet upstream of
                                       Pacific Avenue.
Tongue River Split 3A...............  Approximately 300 Feet          None        +2346  Unincorporated Areas of
                                       upstream of confluence                             Custer County, City of
                                       with Tongue River                                  Miles City.
                                       Split 2A.
                                      Approximately 290 Feet          None        +2358
                                       upstream of Leighton
                                       Street.
Tongue River Split 3B...............  Just downstream of              None        +2360  Unincorporated Areas of
                                       Pleasant Street.                                   Custer County, City of
                                                                                          Miles City.
                                      Approximately 75 Feet           None        +2365
                                       upstream of 4th Avenue.
Tongue River Split 3C...............  Approximately 130 Feet          None        +2358  Unincorporated Areas of
                                       downstream of Palmer                               Custer County, City of
                                       Street.                                            Miles City.
                                      Approximately 1,465             None        +2368
                                       Feet upstream of
                                       Balsam Drive.
Yellowstone River...................  Approximately 22,675            None        +2336  Unincorporated Areas of
                                       Feet downstream of                                 Custer County, City of
                                       State Highway 59.                                  Miles City.
                                      Approximately 11,500            None        +2363
                                       Feet upstream of State
                                       Highway 59.
----------------------------------------------------------------------------------------------------------------
* 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 Miles City
Maps are available for inspection at 17 South 8th Street, Miles City, MT 59301.

                                      Unincorporated Areas of Custer County
Maps are available for inspection at 1010 Main Street, Miles City, MT 59301.
----------------------------------------------------------------------------------------------------------------
                                 Coshocton County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Muskingum River.....................  170 feet upstream of            None         +737  Village of Conesville.
                                       railroad crossing over
                                       Muskingum River east
                                       of Conesville.
                                      260 feet upstream of            None         +737
                                       railroad crossing over
                                       Muskingum River east
                                       of Conesville.
----------------------------------------------------------------------------------------------------------------
* 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
Village of Conesville
Maps are available for inspection at Coshocton County Engineer Office, 23194 County Road 621, Coshocton, OH
 43812.


[[Page 69598]]

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

    Dated: November 13, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-27478 Filed 11-18-08; 8:45 am]

BILLING CODE 9110-12-P
