E9-12105. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

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 August 24, 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-1047, 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.

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 ⁁ Elevation in meters (MSL)		Communities affected
		Effective	Modified
Harvey County, Kansas, and Incorporated Areas
Sand Creek	Approximately 865 feet upstream of Northeast 24th Street	+1436	+1434	City of North Newton.
	Approximately 1,590 feet upstream of Northeast 24th Street	+1437	+1435
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of North Newton
Maps are available for inspection at 2601 North Main Street, North Newton, KS 67117.
Dukes County, Massachusetts, and Incorporated Areas
Atlantic Ocean	Along the shoreline of the Atlantic Ocean between Gilberts Cove and Quenames Cove	+7	+11	Town of Chilmark.
Atlantic Ocean	Along the shoreline of the Atlantic Ocean between Paqua Pond and Jobs Neck Pond	None	+9	Town of Edgartown.
Atlantic Ocean	Along the shoreline of the Atlantic Ocean between Long Cove and Homer Road	None	+9	Town of West Tisbury.
Vineyard Sound	Along the shoreline of Vineyard Sound approximately 300 feet East of the intersection of Lobsterville Road and West Basin Road	+8	+9	Town of Aquinnah.
Vineyard Sound	Along the shoreline of Vineyard Sound between Farm Pond and Hamlin Pond	None	+12	Town of Oak Bluffs.
Vineyard Sound	Along the shoreline of Vineyard Sound between Algonquin Avenue to Yacht Club Lane	None	+12	Town of Tisbury.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Town of Aquinnah
Maps are available for inspection at the Town Hall, 65 State Road, Aquinnah, MA 02535.
Town of Chilmark
Maps are available for inspection at the Town Hall, 401 Middle Road, Chilmark, MA 02535.
Town of Edgartown
Maps are available for inspection at the Town Hall, 70 Main Street, Edgartown, MA 02539.
Town of Oak Bluffs
Maps are available for inspection at the Town Hall, 56 School Street, Oak Bluffs, MA 02557.
Town of Tisbury
Maps are available for inspection at the Town Hall, 51 Spring Street, Vineyard Haven, MA 02568.
Town of West Tisbury
Maps are available for inspection at the Town Hall, 1059 State Road, West Tisbury, MA 02575.
Kennebec County, Maine, and Incorporated Areas
China Lake	Along the entire shoreline	None	+199	Town of Albion.
China Lake	Along the entire shoreline	None	+199	Town of Vassalboro.
Kezar Brook	At the mouth of Cobboseecontee Lake	None	+169	Town of Winthrop.
	Just downstream of South Road	None	+169
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Town of Albion
Maps are available for inspection at the Town Office, 22 Main Street, Albion, ME 04910.
Town of Vassalboro
Maps are available for inspection at the Town Hall, 682 Main Street, North Vassalboro, ME 04989.
Town of Winthrop
Maps are available for inspection at the Town Hall, 17 Highland Avenue, Winthrop, ME 04364.
Pike County, Mississippi, and Incorporated Areas
Tangipahoa River	Approximately 0.68 miles downstream of Highway 575	None	+233	Town of Osyka.
	Approximately 1,100 feet downstream of Highway 575	None	+236
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Town of Osyka
Maps are available for inspection at 215 West Liberty Street, Osyka, MS 39648.
Muskingum County, Ohio, and Incorporated Areas
Moxahala Creek	Approximately 1,300 feet downstream of Ransbottom Road	None	+734	Unincorporated Areas of Muskingum County.
	Approximately 500 feet downstream of East 1st Street	None	+735
Muskingum River	Approximately 0.4 mile downstream of E Muskingum Avenue (State Route 208)	+714	+718	Village of Dresden.
	At confluence with Wakatomika Creek	+716	+720
Muskingum River	Approximately 0.6 mile downstream of confluence with Salt Creek	None	+683	Village of Philo.
	Approximately 0.5 mile upstream of confluence with Salt Creek	None	+685
Wakatomika Creek	Approximately 0.5 mile downstream of Main Street	+719	+720	Unincorporated Areas of Muskingum County.
	Approximately 1,400 feet downstream of Frazeysburg Road	+719	+725
Wakatomika Creek	Approximately 0.6 mile downstream of Shannon Road	None	+745	Unincorporated Areas of Muskingum County, Village of Frazeysburg.
	Just downstream of Canal Road	None	+751
Wakatomika Creek	Approximately 0.5 mile downstream of Main Street	None	+720	Village of Dresden.
	Approximately 0.4 mile downstream of Frazeysburg Road	None	+725
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 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 Muskingum County
Maps are available for inspection at 401 Main Street, Zanesville, OH 43701.
Village of Dresden
Maps are available for inspection at 904 Chestnut Street, Dresden, OH 43821.
Village of Frazeysburg
Maps are available for inspection at 7 West Second Street, Frazeysburg, OH 43822.
Village of Philo
Maps are available for inspection at 300 Main Street, Philo, OH 43771.
Macon County, Tennessee, and Incorporated Areas
Salt Lick Creek	Approximately 1,965 feet upstream of State Highway 151	None	+778	Unincorporated Areas of Macon County.
	Approximately 1,624 feet upstream of State Highway 151	None	+778
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 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 Macon County
Maps are available for inspection at 201 County Courthouse, Lafayette, TN 37083.
Ector County, Texas, and Incorporated Areas
Flooding Effects of Eastside Channel and its Split Flow	Just downstream of the Pacific Union Railroad	None	+2887	Unincorporated Areas of Ector County, City of Odessa.
	Just downstream of Pueblo Avenue	None	+2906
	Approximately 200 feet upstream of the intersection of Custer Avenue and Eastside Channel	None	+2912
Flooding Effects of Monahans Draw	Just upstream of Grandview Road	None	+2842	Unincorporated Areas of Ector County.
	Just upstream of South Crane Avenue	None	+2878
	Just upstream of West County Road	None	+2884
	Just upstream of Westcliff Drive	None	+3009
	Just upstream of State Highway 866	None	+3043
Flooding effects of Far East Channel and its subsidiary channels	At the confluence of East Side Channel	None	+2857	Unincorporated Areas of Ector County, City of Odessa.
	Approximately 450 feet upstream of the intersection of Caliche Road	None	+2899
	Just upstream of Maple Avenue	None	+2907
Flooding effects of West Side Drainage Channel	At the confluence of Monahans Draw	None	+2896	City of Odessa.
	Just upstream of West 16th Street	None	+2909
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Odessa
Maps are available for inspection at 411 West 8th Street, Odessa, TX 79761.
Unincorporated Areas of Ector County
Maps are available for inspection at 521 North Texas Street, Odessa, TX 79761.

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

Dated: May 14, 2009.

Deborah S. Ingram,

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