E8-31268. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

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 April 6, 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-1028, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

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, [phone] or (e-mail) [e-mail].

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.

§ 67.4

[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Flooding source(s)	Location of referenced elevation **	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground		Communities affected
		Effective	Modified
Pope County, Arkansas, and Incorporated Areas
Arkansas River	At the intersection of the Arkansas River and the Arkansas Avenue bridge	None	+323	Unincorporated Areas of Pope County.
	At the confluence of the Arkansas River and Lake Dardanelle	None	+340
Lake Dardanelle	Approximately 8.323 miles downstream of the Highway 40 bridge	None	+340	Unincorporated Areas of Pope County, City of Russellville.
	At the intersection of Lake Dardanelle and the Pleasant View Road Bridge	None	+347
Whig Creek	Approximately 5,166 feet from the intersection of Whig Creek and South Frankfort Avenue	None	+330	Unincorporated Areas of Pope County, City of Russellville.
	Approximately 218 feet downstream of the intersection of Whig Creek and McHenry Road	None	+340
* 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 Russellville
Maps are available for inspection at 716 North El Paso Avenue, Russellville, AR 72801.
Unincorporated Areas of Pope County
Maps are available for inspection at 420 North Hampton, Suite B, Russellville, AR 72801.
Crawford County, Missouri, and Incorporated Areas
Mermac River	Approximately 5,000 feet downstream Steelville city limits	None	+708	Unincorporated Areas of Crawford County.
	Approximately 150 feet upstream HWY 19	None	+719
Whittenburg Creek	Approximately 120 feet downstream Snake Road	None	+725	Unincorporated Areas of Crawford County, City of Steelville.
	Approximately 275 feet upstream HWY 8	None	+734
Yadkin Creek	At confluence with Whittenburg Creek	None	+731	Unincorporated Areas of Crawford County.
	Approximately 900 feet upstream Steelville city limits	None	+790
* 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 Steelville
Maps are available for inspection at 204 3rd St., Steelville, MO 65565.
Unincorporated Areas of Crawford County
Maps are available for inspection at 302 Main Street, Steelville, MO 65565.
Stone County, Missouri, and Incorporated Areas
Crane Creek	Approximately 960 feet downstream Crane city limits	None	+1109	Stone County.
	Approximately 430 feet upstream Crane city limits	None	+1128
* 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
Stone County
Maps are available for inspection at 108 4th Street, Galena, MO 65656.
San Juan County, New Mexico, and Incorporated Areas
Animas River	At the confluence with San Juan River	None	+5256	Unincorporated Areas of San Juan County.
	Approximately 1,200 feet downstream of Murray Dr./US-64	None	+5267
Bloomfield Canyon Creek	Approximately 2,232 feet upstream of E. Broadway Avenue	None	+5436	City of Bloomfield, unincorporated Areas of San Juan County
	At the confluence of Bloomfield Canyon Creek Tributary	None	+5545
Bloomfield Canyon Creek Tributary	At the confluence of Bloomfield Canyon Creek	None	+5545	City of Bloomfield, Unincorporated Areas of San Juan County.
	Approximately 2,366 feet upstream from unnamed dirt road bridge	None	+5737
San Juan River	Approximately 1,709 feet downstream of Bisti Highway	None	+5245	Unincorporated Areas of San Juan County
	Approximately 9,367 feet upstream of confluence with Animas River	None	+5269
* 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 Bloomfield
Maps are available for inspection at 915 N. First St., P.O. Box 1839, Bloomfield, NM 87413.
Unincorporated Areas of San Juan County
Maps are available for inspection at 209 S. Oliver Drive, Aztec, NM 87410.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: December 22, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.