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-1028, 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 Start Printed Page 239Administrative 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
Pope County, Arkansas, and Incorporated Areas
Arkansas RiverAt the intersection of the Arkansas River and the Arkansas Avenue bridgeNone+323Unincorporated Areas of Pope County.
At the confluence of the Arkansas River and Lake DardanelleNone+340
Lake DardanelleApproximately 8.323 miles downstream of the Highway 40 bridgeNone+340Unincorporated Areas of Pope County, City of Russellville.
At the intersection of Lake Dardanelle and the Pleasant View Road BridgeNone+347
Whig CreekApproximately 5,166 feet from the intersection of Whig Creek and South Frankfort AvenueNone+330Unincorporated Areas of Pope County, City of Russellville.
Approximately 218 feet downstream of the intersection of Whig Creek and McHenry RoadNone+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 RiverApproximately 5,000 feet downstream Steelville city limitsNone+708Unincorporated Areas of Crawford County.
Approximately 150 feet upstream HWY 19None+719
Whittenburg CreekApproximately 120 feet downstream Snake RoadNone+725Unincorporated Areas of Crawford County, City of Steelville.
Approximately 275 feet upstream HWY 8None+734
Yadkin CreekAt confluence with Whittenburg CreekNone+731Unincorporated Areas of Crawford County.
Approximately 900 feet upstream Steelville city limitsNone+790
* National Geodetic Vertical Datum.
Start Printed Page 240
+ 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 CreekApproximately 960 feet downstream Crane city limitsNone+1109Stone County.
Approximately 430 feet upstream Crane city limitsNone+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 RiverAt the confluence with San Juan RiverNone+5256Unincorporated Areas of San Juan County.
Approximately 1,200 feet downstream of Murray Dr./US-64None+5267
Bloomfield Canyon CreekApproximately 2,232 feet upstream of E. Broadway AvenueNone+5436City of Bloomfield, unincorporated Areas of San Juan County
At the confluence of Bloomfield Canyon Creek TributaryNone+5545
Bloomfield Canyon Creek TributaryAt the confluence of Bloomfield Canyon CreekNone+5545City of Bloomfield, Unincorporated Areas of San Juan County.
Approximately 2,366 feet upstream from unnamed dirt road bridgeNone+5737
San Juan RiverApproximately 1,709 feet downstream of Bisti HighwayNone+5245Unincorporated Areas of San Juan County
Approximately 9,367 feet upstream of confluence with Animas RiverNone+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.
Start Printed Page 241

(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. E8-31268 Filed 1-2-09; 8:45 am]

BILLING CODE 9110-12-P