
[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Proposed Rules]               
[Page 46074-46079]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se09-30]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1072]

 
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% 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 December 7, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community is 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-1072, to 
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-2820, or (e-mail) kevin.long@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.
    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.


[[Page 46075]]


    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)  
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Napa County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Napa Creek..........................  At the confluence with           +22          +18  City of Napa.
                                       Napa River.
                                      Approximately 100 feet           +35          +34
                                       upstream of Jefferson
                                       Street.
Napa River (With Levee).............  Approximately 715 feet           +28          +27  City of Napa,
                                       west of intersection                               Unincorporated Areas
                                       of State Route 121 and                             of Napa County.
                                       East Avenue.
                                      Approximately 1,530              +32          +29
                                       feet southwest of
                                       intersection of State
                                       Route 121 and Woodland
                                       Drive.
Napa River (Without Levee)..........  Approximately 0.5 mile           +13          +12  City of Napa,
                                       downstream of Imola                                Unincorporated Areas
                                       Avenue.                                            of Napa County.
                                      Approximately 1,230              +47          +46
                                       feet downstream of
                                       confluence of Soda
                                       Creek.
Napa River Oxbow Overflow...........  At the confluence with           +18          +16  City of Napa,
                                       Tulucay Creek.                                     Unincorporated Areas
                                                                                          of Napa County.
                                      Approximately 0.39 mile          +22          +19
                                       upstream of Soscol
                                       Avenue.
Ponding Areas with elevations         Extensive ponding               None          +76
 determined (AH Zones).                areas, in roadways
                                       south of Salvador
                                       creek (lowest
                                       elevation).
Salvador Creek......................  At the confluence with           +33          +31  City of Napa,
                                       Napa River.                                        Unincorporated Areas
                                                                                          of Napa County.
                                      Approximately 100 feet          None          +75
                                       upstream of State
                                       Highway 29.
Salvador Creek North Branch.........  At the confluence with          None          +75  City of Napa,
                                       Salvador Creek.                                    Unincorporated Areas
                                                                                          of Napa County.
                                      Approximately 0.8 mile          None          +93  Unincorporated Areas of
                                       upstream of confluence                             Napa County.
                                       with Salvador Creek.
Salvador Creek South Branch.........  At the confluence with          None          +75  City of Napa.
                                       Salvador Creek.
                                      Approximately 1,365             None          +76
                                       feet upstream of
                                       Salvador Creek.
Shallow Flooding (AO Zone)..........  Shallow flooding area,           +15   1  City of Napa.
                                       approximately 425 feet
                                       northeast of
                                       intersection of Imola
                                       Avenue and Gasser
                                       Drive.
                                      Shallow flooding area,           +17   2
                                       approximately 1,400
                                       feet northeast of
                                       intersection of Imola
                                       Avenue and Gasser
                                       Drive.
Tulucay Creek.......................  At the confluence with           +18          +15  City of Napa.
                                       Napa River.
                                      Approximately 560 feet           +37          +38  Unincorporated Areas of
                                       upstream of Shurtleff                              Napa County.
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Certical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**BEFs 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 comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate,
 Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Napa
Maps are Available for inspection at the City of Napa Public Works Department, 1600 1st Street, Napa, CA 94559.

                                       Unincorporated Areas of Napa County
Maps are available for inspection at the Napa County Public Works Department, 1195 3rd Street, Suite 201, Napa,
 CA 94559.
----------------------------------------------------------------------------------------------------------------

[[Page 46076]]


                               New London County, Connecticut (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Four Mile River.....................  Approximately 200 feet           +11          +10  Town of Old Lyme.
                                       downstream of Breached
                                       Dam.
                                      Approximately 1,200              +51          +52
                                       feet upstream of I-95.
Long Island Sound...................  Approximately 3,100             None          +14  Town of East Lyme,
                                       feet south of the       ...........  ...........   Borough of Stonington,
                                       intersection of                 +13          +15   City of Groton, City
                                       Dimmock Road and Great                             of New London Noank
                                       Neck Road.                                         Fire District, Town of
                                      Approximately 375 feet                              Groton, Town of Old
                                       southwest of the                                   Lyme, Town of
                                       intersection of                                    Stonington, Town of
                                       Lindberg Road and Oak                              Waterford.
                                       Street.
Shunock River.......................  Just upstream of                None          +29  Town of Stonington.
                                       Pendleton Hill Road.
                                      Approximately 400 feet          None          +30
                                       upstream of Pendleton
                                       Hill Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Borough of Stonington
Maps are available for inspection at the Borough Hall, 26 Church Street, Stonington, CT 06378.

City of Groton
Maps are available for inspection at the City Municipal Building, 295 Meridian Street, Groton, CT 06340.

City of New London
Maps are available for inspection at City Hall, 181 State Street, New London, CT 06320.

Noank Fire District
Maps are available for inspection at 45 Fort Hill Road, Groton, CT 06340.

Town of East Lyme
Maps are available for inspection at the Town Hall, 108 Pennsylvania Avenue, Niantic, CT 06357.

Town of Groton
Maps are available for inspection at the Town Hall, 175 Shennecossett Parkway, Groton, CT 06340.

Town of Old Lyme
Maps are available for inspection at the Old Lyme Memorial Town Hall, 52 Lyme Street, Old Lyme, CT 06371.

Town of Stonington
Maps are available for inspection at the Town Hall, 152 Elm Street, Stonington, CT 06378.

Town of Waterford
Maps are available for inspection at the Town Hall, 15 Rope Ferry Road, Waterford, CT 06385.
----------------------------------------------------------------------------------------------------------------
                                McDuffie County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boggy Gut Creek.....................  Approximately 2.35              None         +429  Unincorporated Areas of
                                       miles upstream of                                  McDuffie County.
                                       Harlem Wrens Road.
                                      Approximately 3.13              None         +483
                                       miles upstream of
                                       Harlem Wrens Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.


[[Page 46077]]


                                                    ADDRESSES

                                     Unincorporated Areas of McDuffie County
Maps are available for inspection at 504 Railroad Street, Thomson, GA 30824.
----------------------------------------------------------------------------------------------------------------
                                 Murray County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Holly Creek.........................  Approximately 0.77 mile         None         +717  City of Chatsworth.
                                       downstream of CSX
                                       Railroad.
                                      Approximately 0.4 mile          +730         +729
                                       upstream of State
                                       Highway 52/U.S. Route
                                       76.
Mill Creek..........................  Approximately 750 feet          None         +720  Town of Eton.
                                       downstream of U.S.
                                       Highway 411.
                                      Approximately 1,300             None         +733
                                       feet upstream of State
                                       Route 286/Old CCC Camp
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Chatsworth
Maps are available for inspection at City Hall, 400 North 3rd Avenue, Chatsworth, GA 30705.

Town of Eton
Maps are available for inspection at Eton City Hall, 3464 Highway 411 North, Eton, GA 30724.
----------------------------------------------------------------------------------------------------------------
                                  Troup County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Shoal Creek.........................  Approximately 2,350             None         +649  City of Lagrange.
                                       feet upstream of
                                       Youngs Mill Road.
                                      Approximately 100 feet          None         +661
                                       downstream of Hammett
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Lagrange
Maps are available for inspection at City Hall, 200 Ridley Avenue, Lagrange, GA 30240.
----------------------------------------------------------------------------------------------------------------
                               Nantucket County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean......................  Along the shoreline,            None           +8  Town of Nantucket.
                                       approximately 115 feet
                                       from the intersection
                                       of Bartlett Farm Road
                                       and West Macomet Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.


[[Page 46078]]


                                                    ADDRESSES

Town of Nantucket
Maps are available for inspection at the Town Building Annex, 16 Broad Street, Nantucket, MA 02554.
----------------------------------------------------------------------------------------------------------------
                               Alcorn County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Elam Creek..........................  Approximately 123 feet          None         +421  City of Corinth.
                                       downstream of South
                                       Harper Road.
                                      Just downstream of              None         +483
                                       County Road 701.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Corinth
Maps are available for inspection at City Hall, 300 Childs Street, Corinth, MS 38834.
----------------------------------------------------------------------------------------------------------------
                              Yalobusha County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Enid Lake...........................  Entire shoreline                None         +274  Unincorporated Areas of
                                       (within county).                                   Yalobusha County, City
                                                                                          of Water Valley.
Grenada Lake........................  Entire shoreline                None         +237  Unincorporated Areas of
                                       (within county).                                   Yalobusha County, Town
                                                                                          of Coffeeville.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Water Valley
Maps are available for inspection at City Hall, 101 Blackmur Drive, Water Valley, MS 38965.

Town of Coffeeville
Maps are available for inspection at the Town Hall, 14615 Depot Street, Coffeeville, MS 38922.

                                    Unincorporated Areas of Yalobusha County
Maps are available for inspection at the County Courthouse, 201 Blackmur Drive, Water Valley, MS 38965.
----------------------------------------------------------------------------------------------------------------
                                 Chittenden County, Vermont (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Browns River........................  Approximately 1,500             None         +354  Town of Essex, Town of
                                       feet upstream of Brown                             Jericho, Town of
                                       River Road (Route 128).                            Underhill, Town of
                                                                                          Westford.
                                      Approximately 100 feet          +822         +819
                                       upstream of
                                       Stevensville Road.
Winooski River......................  Approximately 450 feet          +284         +286  Town of Bolton, Town of
                                       upstream of Essex Road                             Essex, Town of
                                       (Park Street) Bridge.                              Jericho, Town of
                                                                                          Richmond, Town of
                                                                                          Williston, Village of
                                                                                          Essex Junction.
                                      Approximately 1,500             +352         +356
                                       feet upstream from the
                                       Central Vermont
                                       Railroad.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

[[Page 46079]]


+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Bolton
Maps are available for inspection at the Town Hall, 3045 Theodore Roosevelt Highway, Bolton, VT 05676.

Town of Essex
Maps are available for inspection at the Town Hall, 81 Main Street, Essex Junction, VT 05452.

Town of Jericho
Maps are available for inspection at the Town Hall, 67 Vermont Route 15, Jericho, VT 05465.

Town of Richmond
Maps are available for inspection at the Town Hall, 203 Bridge Street, Richmond, VT 05477.

Town of Underhill
Maps are available for inspection at the Town Hall, 12 Pleasant Valley, Underhill Center, VT 05490.

Town of Westford
Maps are available for inspection at the Town Office, 1713 Vermont Route 128, Westford, VT 05494.

Town of Williston
Maps are available for inspection at the Town Hall, 7900 Williston Road, Williston, VT 05495.

Village of Essex Junction
Maps are available for inspection at Lincoln Hall, 2 Lincoln Street, Essex Junction, VT 05452.
----------------------------------------------------------------------------------------------------------------

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

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-21472 Filed 9-4-09; 8:45 am]

BILLING CODE 9110-12-P
