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Proposed Rule

Proposed Flood Elevation Determinations

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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 December 16, 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-1004, 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.

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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 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.

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List of Subjects in 44 CFR Part 67

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

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PART 67—[AMENDED]

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

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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
Orange County, California, and Incorporated Areas
Aliso CreekAt confluence with Pacific Ocean+2+14City of Laguna Beach, Unincorporated Areas of Orange County.
Approximately 1.09 miles upstream of confluence with Pacific Ocean+40+41
Bluebird CanyonAt confluence with Pacific OceanNone+17City of Laguna Beach.
Approximately 0.55 mile upstream of confluence with Pacific Ocean+125+124
Canyon Acres WashApproximately 70 feet upstream of confluence with Laguna CanyonNone+81City of Laguna Beach.
Approximately 1,460 feet upstream of Lewellyn DriveNone+185
Laguna CanyonAt confluence with Pacific OceanNone+15City of Laguna Beach, Unincorporated Areas of Orange County.
Approximately 0.72 mile upstream of upstream most State Highway 73 crossing+343+344
* 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 Laguna Beach
Maps are available for inspection at Laguna Beach City Hall, 505 Forest Avenue, Laguna Beach, CA.
Unincorporated Areas of Orange County
Maps are available for inspection at Orange County Public Works Department, 300 North Flower Street, Santa Ana, CA.
Calcasieu Parish, Louisiana, and Incorporated Areas
Base Flood Elevation changes ranging from 6 to 17 feet in the form of Coastal+5-14+6-17Unincorporated areas of Calcasieu Parish, City of Sulphur, City of Lake Charles, City of Westlake.
Gulf of MexicoAE/VE zones have been made
Intersection with U.S. Highway 90+7+5
Bayou ChoupiqueIntersection with Southern Pacific Railroad line+9+6Unincorporated areas of Calcasieu 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
City of Westlake
Maps are available for inspection at 1001 Mullberry Street, Westlake, LA 70669.
Unincorporated Areas of Calasieu Parish
Maps are available for inspection at 1015 Pithon Street, Lake Charles, LA 70602.
City of Sulphur
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Maps are available for inspection at 500 North Huntington Street, Sulphur, LA 70664.
City of Lake Charles
Maps are available for inspection at 326 Pujo Street, Lake Charles, LA 70602.
Alleghany County, North Carolina, and Incorporated Areas
Bledsoe CreekAt the confluence with Little RiverNone+2752Alleghany County, Town of Sparta.
Approximately 920 feet upstream of Green Needles LaneNone+2919
Bledsoe Creek Tributary 1At the confluence with Bledsoe CreekNone+2759Town of Sparta.
Approximately 110 feet upstream of Cherry StreetNone+2896
Brush CreekAt the confluence with Little RiverNone+2443Alleghany County.
Approximately 1.6 miles upstream of Fox Ridge RoadNone+2522
Crab CreekAt the confluence with Little RiverNone+2337Alleghany County.
Approximately 0.6 mile upstream of the confluence with Little RiverNone+2366
Cranberry CreekAt the Alleghany/Ashe County boundaryNone+2739Alleghany County.
Approximately 850 feet upstream of the Alleghany/Ashe County boundaryNone+2743
Glade CreekAt the confluence with Little RiverNone+2499Alleghany County.
Approximately 1.4 miles upstream of the confluence of Glade Creek Tributary 2None+2529
Glade Creek Tributary 1At the confluence with Glade CreekNone+2501Alleghany County.
Approximately 0.4 mile upstream of Fox Den LaneNone+2565
Glade Creek Tributary 2At the confluence with Glade CreekNone+2509Alleghany County.
Approximately 0.8 mile upstream of the confluence with Glade CreekNone+2579
Little RiverApproximately 1,100 feet downstream of the confluence of Crab CreekNone+2333Alleghany County, Town of Sparta.
Approximately 1.0 mile upstream of the confluence of Little River Tributary 2None+2851
Little River Tributary 1At the confluence with Little RiverNone+2587Alleghany County.
Approximately 1,950 feet upstream of the confluence with Little RiverNone+2660
Little River Tributary 2At the confluence with Little RiverNone+2829Alleghany County, Town of Sparta.
Approximately 0.7 mile upstream of the confluence with Little RiverNone+2905
Moccasin CreekAt the confluence with Little RiverNone+2431Alleghany County.
Approximately 0.6 mile upstream of the confluence with Little RiverNone+2480
New RiverApproximately 0.4 mile downstream of the confluence with New River Tributary 1None+2318Alleghany County.
At the confluence of South Fork New River and North Fork New RiverNone+2487
New River Tributary 1Approximately 200 feet upstream of the confluence with New RiverNone+2319Alleghany County.
Approximately 0.7 mile upstream of the confluence with New RiverNone+2364
New River Tributary 2At the confluence with New RiverNone+2339Alleghany County.
Approximately 1,720 feet upstream of Riverwood LaneNone+2390
Pine Swamp CreekAt the confluence with Little RiverNone+2803Alleghany County.
Approximately 0.7 mile upstream of Grandview Drive (State Road 1172)None+2818
South Fork New RiverAt the confluence with New RiverNone+2487Alleghany County.
Approximately 1.4 miles upstream of the confluence of South Fork New River Tributary 2None+2526
South Fork New River Tributary 1At the confluence with South Fork New RiverNone+2509Alleghany County.
Approximately 0.5 mile upstream of the confluence with South Fork New RiverNone+2535
South Fork New River Tributary 2At the confluence with South Fork New RiverNone+2516Alleghany County.
Approximately 0.7 mile upstream of the confluence with South Fork New RiverNone+2572
Vile CreekAt the confluence with Little RiverNone+2674Alleghany County, Town of Sparta.
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Approximately 1,660 feet upstream of NC Highway 18None+2759
Vile Creek Tributary 1At the confluence with Vile CreekNone+2695Alleghany County, Town of Sparta.
Approximately 0.4 mile upstream of the confluence with Vile CreekNone+2751
* 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
Alleghany County
Maps are available for inspection at Alleghany County Planning Department, County Administration Building, 348 South Main Street, Sparta, NC.
Town of Sparta
Maps are available for inspection at Sparta Town Hall, 304 South Main Street, Sparta, NC.
Watauga County, North Carolina, and Incorporated Areas
Boone CreekAt the confluence with Winkler Creek+3120+3122Town of Boone.
Approximately 350 feet upstream of West King StreetNone+3311
Cobb CreekAt the confluence with Meat Camp CreekNone+3169Unincorporated Areas of Watauga County.
Approximately 1,540 feet upstream of Cobbs Creek Road (State Road 1325)None+3307
Elk CreekApproximately 100 feet downstream of the Watauga/Wilkes County boundaryNone+1349Unincorporated Areas of Watauga County.
Approximately 1.1 miles upstream of Jakes Mountain RoadNone+2135
Elk Creek (into South Fork River)Approximately 50 feet upstream of Big Hill Road (State Road 1350)None+2955Unincorporated Areas of Watauga County.
Approximately 250 feet upstream of State Road 194None+2982
Flannery ForkAt the confluence with Winkler CreekNone+3253Unincorporated Areas of Watauga County, Town of Boone.
Approximately 430 feet upstream of Sky Ranch RoadNone+3469
Gap CreekAt the Watauga/Ashe County boundaryNone+2952Unincorporated Areas of Watauga County.
Approximately 160 feet upstream of James Parsons RoadNone+3076
Hodges CreekApproximately 430 feet upstream of the confluence with Boone Creek+3126+3127Town of Boone.
Approximately 140 feet upstream of NC 105 HighwayNone+3286
Howard CreekApproximately 1,440 feet upstream of Moss Hill RoadNone+3212Unincorporated Areas of Watauga County.
Approximately 0.6 mile upstream of Millers Pond LaneNone+3418
Left Prong Stony ForkAt the Watauga/Wilkes County boundaryNone+1639Unincorporated Areas of Watauga County.
Approximately 220 feet upstream of the confluence of Wildcat CreekNone+1947
Meat Camp CreekAt the confluence with South Fork New River+3057+3058Unincorporated Areas of Watauga County.
Approximately 1.1 miles upstream of Bryan Hollow Road (State Road 1339)None+3495
Meat Camp Creek TributaryAt the confluence with Meat Camp CreekNone+3156Unincorporated Areas of Watauga County.
Approximately 1,160 feet upstream of NC 194 Highway NorthNone+3213
Middle ForkApproximately 500 feet downstream of Shoppes On The Parkway Road+3458+3455Unincorporated Areas of Watauga County, Town of Blowing Rock.
Approximately 0.4 mile upstream of Goforth RoadNone+3630
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Norris ForkAt the confluence with Meat Camp CreekNone+3200Unincorporated Areas of Watauga County.
Approximately 0.4 mile upstream of the confluence with Meat Camp CreekNone+3248
Pine Orchard CreekAt the confluence with Elk Creek (into South Fork New River)None+2974Unincorporated Areas of Watauga County.
Approximately 0.7 mile upstream of the confluence with Elk Creek (into South Fork New River)None+3041
Stony ForkAt the Watauga/Wilkes County boundaryNone+1975Unincorporated Areas of Watauga County.
Approximately 40 feet downstream of Stoney Fork RoadNone+2265
Stony Fork TributaryAt the confluence with Stony ForkNone+2260Unincorporated Areas of Watauga County.
Approximately 1,470 feet upstream of Stoney Fork RoadNone+2341
Unnamed Tributary to Middle ForkAt the confluence with Middle Fork+3479+3477Unincorporated Areas of Watauga County, Town of Blowing Rock.
Approximately 0.7 mile upstream of Chetola Lake DriveNone+3546
Wildcat CreekAt the confluence with Left Prong Stony ForkNone+1941Unincorporated Areas of Watauga County.
Approximately 0.6 mile upstream of Bill Miller LaneNone+2469
Winkler CreekApproximately 150 feet downstream of Pride Drive+3114+3113Unincorporated Areas of Watauga County, Town of Boone.
Approximately 300 feet upstream of Rainbow Mountain RoadNone+3442
* 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
Town of Blowing Rock
Maps are available for inspection at Blowing Rock Town Hall, 1036 Main Street, Blowing Rock, NC.
Town of Boone
Maps are available for inspection at Town of Boone Planning and Inspections Office, 1500 Blowing Rock Road, Boone, NC.
Unincorporated Areas of Watauga County
Maps are available for inspection at Watauga County Planning and Inspections Department, 331 Queen Street, Suite 8, Boone, NC.
Grant County, South Dakota, and Incorporated Areas
South Fork Whetstone RiverApproximately 48 feet upstream of 479th AvenueNone+1116City of Milbank, Unincorporated Areas of Grant County.
Approximately 790 feet upstream of North Dakota StreetNone+1132
* 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 Milbank
Maps are available for inspection at Milbank City Offices, 1001 East 4th Avenue, Milbank, SD.
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Unincorporated Areas of Grant County
Maps are available for inspection at Grant County Courthouse, 210 East 5th Avenue, Milbank, SD.

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

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Dated: September 4, 2008.

Michael K. Buckley,

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

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[FR Doc. E8-21687 Filed 9-16-08; 8:45 am]

BILLING CODE 9110-12-P