Skip to Content

Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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 July 2, 2008.

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-7769, 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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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 Start Printed Page 18244elevation 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.

Start List of Subjects

List of Subjects in 44 CFR Part 67

End List of Subjects

Accordingly, 44 CFR part 67 is proposed to be amended as follows:

Start Part

PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

Start Authority

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.

End Authority
[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 groundCommunities affected
EffectiveModified
Jersey County, Illinois, and Incorporated Areas
Elsah CreekAt the mouth of the Mississippi River+439+438Village of Elsah.
Approximately 500 feet upstream of Maple Street+439+438
Illinois RiverAt the mouth of the Mississippi River in Jersey County+440+439Unincorporated Areas of Jersey County, City of Grafton.
Approximately 1500 feet upstream of the Illinois River Road Ferry Crossing+440+439
Mississippi RiverApproximately 0.5 miles downstream of the confluence of Piasa Creek+438+437Unincorporated Areas of Jersey County, City of Grafton, Village of Elsah.
At river mile 223.1 at the downstream tip of Iowa Island+441+440
* 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 Grafton
Maps are available for inspection at Grafton City Hall, 118 East Main Street, Grafton, IL 62037.
Unincorporated Areas of Jersey County
Maps are available for inspection at Jersey County Government Building, 200 North Lafayette St., Jerseyville, IL 62052.
Village of Elsah
Maps are available for inspection at 51 North Street, P.O. Box 28, Elsah, IL 62028.
Yancey County, North Carolina, and Incorporated Areas
Bailey BranchAt the confluence with Pine Swamp BranchNone+2575Unincorporated Areas of Yancey County.
Approximately 1,740 feet upstream of the confluence with Pine Swamp BranchNone+2637
Bald Mountain CreekAt the confluence with Cane River+2293+2294Unincorporated Areas of Yancey County.
Approximately 1,810 feet upstream of Bee Log Road (State Road 1408)None+2467
Big Crabtree CreekThe confluence with South Toe RiverNone+2411Unincorporated Areas of Yancey County.
Approximately 1.4 miles upstream of Seven Mile Ridge Road (State Road 1167)None+3147
Brown CreekApproximately 300 feet upstream of the confluence with South Toe River+2633+2634Unincorporated Areas of Yancey County.
Start Printed Page 18245
Approximately 1.2 miles upstream of Upper Browns Creek Road (State Road 1154)None+4690
Cane RiverAt the confluence with Nolichucky River and North Toe RiverNone+2044Unincorporated Areas of Yancey County.
Approximately 60 feet downstream of the confluence of Mitchell CreekNone+3157
Cattail CreekAt Mountain Farm RoadNone+3012Unincorporated Areas of Yancey County.
At the confluence of North Fork Cattail Creek and South Fork Cattail CreekNone+3157
Jacks CreekAt the confluence with North Toe RiverNone+2136Unincorporated Areas of Yancey County.
Approximately 60 feet upstream of Sheriff Anglin Road (State Road 1364)None+2532
Little Crabtree CreekApproximately 450 feet downstream of Depot Street (State Road 1140)+2622+2623Unincorporated Areas of Yancey County, Town of Burnsville.
Approximately 650 feet upstream of East BoulevardNone+2740
McIntosh BranchThe confluence with Pine Swamp BranchNone+2699Unincorporated Areas of Yancey County, Town of Burnsville.
Approximately 50 feet upstream of Van Kirk LaneNone+2751
Mitchell BranchAt the confluence with Little Crabtree CreekNone+2705Unincorporated Areas of Yancey County, Town of Burnsville.
Approximately 260 feet upstream of Mitchell Branch (State Road 1373)None+2751
Nolichucky RiverApproximately 550 feet upstream of the railroadNone+1981Unincorporated Areas of Yancey County.
At the confluence of Cane River and North Toe RiverNone+2044
North Cox CreekApproximately 220 feet upstream of the confluence with Cane River+2148+2149Unincorporated Areas of Yancey County.
Approximately 1.5 miles upstream of the confluence with Cane RiverNone+3061
North Fork Cattail CreekAt the confluence with Cattail Creek and South Fork Cattail CreekNone+3157Unincorporated Areas of Yancey County.
Approximately 1.1 miles upstream of North Fork RoadNone+4869
North Toe RiverAt the confluence with Nolichucky River and Cane RiverNone+2044Unincorporated Areas of Yancey County.
At the Yancey/Mitchell County boundaryNone+2411
Pine Swamp BranchAt the confluence with Cane RiverNone+2553Unincorporated Areas of Yancey County, Town of Burnsville.
Approximately 1,770 feet upstream of Cherry Lane (State Road 1139)None+2720
Pine Swamp BranchApproximately 1,770 feet upstream of Cherry Lane (State Road 1139)None#1Town of Burnsville.
Approximately 200 feet upstream of East Main StreetNone#1
South Cox CreekAt the confluence with Jacks CreekNone+2420Unincorporated Areas of Yancey County.
Approximately 700 feet upstream of Coxes Creek Road (State Road 1354)None+2791
South Fork Cattail CreekAt the confluence with Cattail Creek and North Fork Cattail CreekNone+3157Unincorporated Areas of Yancey County.
Approximately 0.5 mile upstream of Tennis Court RoadNone+3739
South Toe RiverAt the confluence with North Toe RiverNone+2356Unincorporated Areas of Yancey County.
Approximately 1,100 feet downstream of the confluence of Brown CreekNone+2629
* 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.
Start Printed Page 18246
ADDRESSES
Town of Burnsville
Maps are available for inspection at Town of Burnsville Courthouse, Mapping Department, 110 Town Square, Burnsville, NC.
Unincorporated Areas of Yancey County
Maps are available for inspection at Yancey County Courthouse, Room 11, Burnsville, NC.
Beadle County, South Dakota, and Incorporated Areas
James RiverJust upstream of the Sanborn County and Beadle County lineNone+1237Unincorporated Areas of Beadle County, City of Huron.
Just downstream of the Spink County and Beadle County lineNone+1253
* 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 Huron
Maps are available for inspection at 329 Wisconsin, P.O. Box 1369, Huron, SD 57350.
Unincorporated Areas of Beadle County
Maps are available for inspection at 400 3rd S.W., P.O. Box 25, Huron, SD 57350.

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

Start Signature

Dated: March 18, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. E8-6910 Filed 4-2-08; 8:45 am]

BILLING CODE 9110-12-P