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 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-1026, 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 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.

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
Otero County, New Mexico, and Incorporated Areas
Beeman Canyon CreekFrom where the Flow Path meets the Dam+4440+4442City of Alamogordo, Unincorporated Areas of Otero County.
Start Printed Page 242
Approximately 1906 feet upstream from North Scenic Drive to the Limit of StudyNone+4603
Flow Path #12Approximately 758 feet downstream from Octillo LaneNone+4471Unincorporated Areas of Otero County.
Approximately 3,560 feet upstream from South canyon RoadNone+4670
Flow Path #16Approximately 461 feet downstream from Caneadea LoopNone+4461Unincorporated Areas of Otero County.
Approximately 2,904 feet upstream from Rocky Mountain Road to Limit of StudyNone+4803
Flow Path #2Approximately 1,450 feet upstream from DamNone+4449Unincorporated Areas of Otero County.
Approximately 3,520 feet upstream from the DamNone+4481
Flow Path #3Approximately 741 feet downstream from Eddy driveNone+4344Unincorporated Areas of Otero County.
Approximately 51 feet upstream from Eddy driveNone+4350
Flow Path #30At the Alamogordo City LimitsNone+4122Unincorporated Areas of Otero County, City of Alamogordo.
Approximately 7,117 feet upstream of the Alamogordo City LimitsNone+4202
Flow Path #31Approximately 2,617 feet downstream from Lavelle RoadNone+4270Unincorporated Areas of Otero County.
Approximately 2,699 feet downstream from Lavelle RoadNone+4270
* 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 Alamogordo
Maps are available for inspection at 1376 East Ninth St., Alamogordo, NM 88310
Unincorporated Areas of Otero County
Maps are available for inspection at 1000 New York Ave., Alamogordo, NM 88310.
Niagara County, New York, and Incorporated Areas
Bergholtz CreekAt confluence with Cayuga Creek+571+570City of Niagara Falls, Town of Cambria, Town of Wheatfield.
Approximately 1.4 miles upstream of NY State Route 425 (Shawnee Road)None+631
Bull CreekAt confluence with Tonawanda Creek—Backwater area+573+575City of North Tonawanda, Town of Cambria, Town of Pendleton, Town of Wheatfield.
Approximately 240 feet upstream of Lockport RoadNone+604
Cayuga CreekApproximately 0.3 mile upstream of Pine Avenue/U.S. Route 62+572+571Town of Niagara, Town of Wheatfield.
Approximately 70 feet downstream of the first Airport Overpass+586+584
Cayuga Creek West TributaryAt the confluence with Cayuga Creek+578+579Town of Niagara.
Approximately 240 feet upstream of Lockport RoadNone+621
Cayuga Creek West Tributary DiversionJust upstream of Porter Road+583+582Town of Niagara.
At the confluence with Cayuga Creek West Tributary+583+582
Donner CreekApproximately 326 feet downstream of Beatie Road+618+617City of Lockport, Town of Lockport.
Approximately 975 feet upstream of Lincoln Avenue+632+631
Eighteenmile CreekJust downstream of Stone RoadNone+364City of Lockport.
Approximately 0.41 mile upstream of Stone Road+363+364
Eighteenmile Creek East BranchApproximately 1,300 feet downstream of Day Road+369+374Town of Newfane.
Start Printed Page 243
Approximately 540 feet upstream of Day Road+373+374
Gulf BranchAt confluence with Eighteenmile Creek+362+364City of Lockport.
Approximately 800 feet upstream of confluence with Eighteenmile Creek+363+364
Johnson Creek 2Approximately 665 feet downstream of Sherman RoadNone+476Town of Hartland, Town of Royalton.
Approximately 0.19 mile upstream of Telegraph RoadNone+541
Mud CreekAt confluence with Tonowanda Creek+581+583Town of Pendleton, Town of Lockport.
Approximately 0.63 mile downstream of Minnick Road+582+583
Sawyer Creek (East)At confluence with Bull Creek+572+575City of North Tonawanda, Town of Wheatfield.
At the centerline of Ward RoadNone+578
Sawyer Creek (West)At confluence with Bergholtz CreekNone+573Town of Wheatfield.
At the centerline of Ward RoadNone+578
Tonawanda CreekApproximately 0.9 mile upstream of Twin Cities Memorial HighwayNone+572City of North Tonawanda, Town of Lockport, Town of Pendleton, Town of Royalton, Town of Wheatfield.
Approximately 2.8 miles upstream of Rapids RoadNone+593
Town Ditch Number 2At confluence with Tonawanda CreekNone+578Town of Pendleton.
Approximately 0.8 mile upstream of Campbell BoulevardNone+578
Twelvemile CreekApproximately 2.0 miles upstream of Fitch Road+301+300Town of Porter, Town of Wilson.
Approximately 870 feet downstream of Ransomville Road+300+301
* 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 Lockport
Maps are available for inspection at Lockport Municipal Building, One Locks Plaza, Lockport, NY.
City of Niagara Falls
Maps are available for inspection at Niagara Falls City Hall, 745 Main Street, Niagara Falls, NY.
City of North Tonawanda
Maps are available for inspection at North Tonawanda City Hall, 216 Payne Avenue, North Tonawanda, NY.
Town of Cambria
Maps are available for inspection at Cambria Town Hall, 4160 Upper Mountain Road, Sanborn, NY.
Town of Hartland
Maps are available for inspection at Hartland Town Hall, 8942 Ridge Road, Gasport, NY.
Town of Lockport
Maps are available for inspection at Lockport Town Hall, 6560 Dysinger Road, Lockport, NY.
Town of Newfane
Maps are available for inspection at Newfane Town Hall, 2896 Transit Road, Newfane, NY.
Town of Niagara
Maps are available for inspection at Niagara Town Hall, 7105 Lockport Road, Niagara Falls, NY.
Town of Pendleton
Maps are available for inspection at Pendleton Town Hall, 6570 Campbell Boulevard, Lockport, NY.
Town of Porter
Maps are available for inspection at Porter Town Hall, 3265 Creek Road, Youngstown, NY.
Town of Royalton
Maps are available for inspection at Royalton Town Hall, 5316 Royalton Center Road, Middleport, NY.
Town of Wheatfield
Maps are available for inspection at Wheatfield Town Hall, 2800 Church Road, North Tonawanda, NY.
Town of Wilson
Maps are available for inspection at Wilson Town Hall, 375 Lake Street, Wilson, NY.
Start Printed Page 244

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

Start Signature

Dated: December 22, 2008.

Michael K. Buckley,

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

End Signature End Part End Supplemental Information

[FR Doc. E8-31267 Filed 1-2-09; 8:45 am]

BILLING CODE 9110-12-P