[Federal Register: January 5, 2009 (Volume 74, Number 2)]
[Proposed Rules]               
[Page 241-244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja09-14]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1026]

 
Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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.

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.

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.

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.


Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Otero County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beeman Canyon Creek.................  From where the Flow            +4440        +4442  City of Alamogordo,
                                       Path meets the Dam.                                Unincorporated Areas
                                                                                          of Otero County.

[[Page 242]]


                                      Approximately 1906 feet         None        +4603
                                       upstream from North
                                       Scenic Drive to the
                                       Limit of Study.
Flow Path 12...............  Approximately 758 feet          None        +4471  Unincorporated Areas of
                                       downstream from                                    Otero County.
                                       Octillo Lane.
                                      Approximately 3,560             None        +4670
                                       feet upstream from
                                       South canyon Road.
Flow Path 16...............  Approximately 461 feet          None        +4461  Unincorporated Areas of
                                       downstream from                                    Otero County.
                                       Caneadea Loop.
                                      Approximately 2,904             None        +4803
                                       feet upstream from
                                       Rocky Mountain Road to
                                       Limit of Study.
Flow Path 2................  Approximately 1,450             None        +4449  Unincorporated Areas of
                                       feet upstream from Dam.                            Otero County.
                                      Approximately 3,520             None        +4481
                                       feet upstream from the
                                       Dam.
Flow Path 3................  Approximately 741 feet          None        +4344  Unincorporated Areas of
                                       downstream from Eddy                               Otero County.
                                       drive.
                                      Approximately 51 feet           None        +4350
                                       upstream from Eddy
                                       drive.
Flow Path 30...............  At the Alamogordo City          None        +4122  Unincorporated Areas of
                                       Limits.                                            Otero County, City of
                                                                                          Alamogordo.
                                      Approximately 7,117             None        +4202
                                       feet upstream of the
                                       Alamogordo City Limits.
Flow Path 31...............  Approximately 2,617             None        +4270  Unincorporated Areas of
                                       feet downstream from                               Otero County.
                                       Lavelle Road.
                                      Approximately 2,699             None        +4270
                                       feet downstream from
                                       Lavelle Road.
----------------------------------------------------------------------------------------------------------------
* 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.
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                                Niagara County, New York, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bergholtz Creek.....................  At confluence with              +571         +570  City of Niagara Falls,
                                       Cayuga Creek.                                      Town of Cambria, Town
                                                                                          of Wheatfield.
                                      Approximately 1.4 miles         None         +631
                                       upstream of NY State
                                       Route 425 (Shawnee
                                       Road).
Bull Creek..........................  At confluence with              +573         +575  City of North
                                       Tonawanda Creek--                                  Tonawanda, Town of
                                       Backwater area.                                    Cambria, Town of
                                                                                          Pendleton, Town of
                                                                                          Wheatfield.
                                      Approximately 240 feet          None         +604
                                       upstream of Lockport
                                       Road.
Cayuga Creek........................  Approximately 0.3 mile          +572         +571  Town of Niagara, Town
                                       upstream of Pine                                   of Wheatfield.
                                       Avenue/U.S. Route 62.
                                      Approximately 70 feet           +586         +584
                                       downstream of the
                                       first Airport Overpass.
Cayuga Creek West Tributary.........  At the confluence with          +578         +579  Town of Niagara.
                                       Cayuga Creek.
                                      Approximately 240 feet          None         +621
                                       upstream of Lockport
                                       Road.
Cayuga Creek West Tributary           Just upstream of Porter         +583         +582  Town of Niagara.
 Diversion.                            Road.
                                      At the confluence with          +583         +582
                                       Cayuga Creek West
                                       Tributary.
Donner Creek........................  Approximately 326 feet          +618         +617  City of Lockport, Town
                                       downstream of Beatie                               of Lockport.
                                       Road.
                                      Approximately 975 feet          +632         +631
                                       upstream of Lincoln
                                       Avenue.
Eighteenmile Creek..................  Just downstream of              None         +364  City of Lockport.
                                       Stone Road.
                                      Approximately 0.41 mile         +363         +364
                                       upstream of Stone Road.
Eighteenmile Creek East Branch......  Approximately 1,300             +369         +374  Town of Newfane.
                                       feet downstream of Day
                                       Road.

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                                      Approximately 540 feet          +373         +374
                                       upstream of Day Road.
Gulf Branch.........................  At confluence with              +362         +364  City of Lockport.
                                       Eighteenmile Creek.
                                      Approximately 800 feet          +363         +364
                                       upstream of confluence
                                       with Eighteenmile
                                       Creek.
Johnson Creek 2.....................  Approximately 665 feet          None         +476  Town of Hartland, Town
                                       downstream of Sherman                              of Royalton.
                                       Road.
                                      Approximately 0.19 mile         None         +541
                                       upstream of Telegraph
                                       Road.
Mud Creek...........................  At confluence with              +581         +583  Town of Pendleton, Town
                                       Tonowanda Creek.                                   of Lockport.
                                      Approximately 0.63 mile         +582         +583
                                       downstream of Minnick
                                       Road.
Sawyer Creek (East).................  At confluence with Bull         +572         +575  City of North
                                       Creek.                                             Tonawanda, Town of
                                                                                          Wheatfield.
                                      At the centerline of            None         +578
                                       Ward Road.
Sawyer Creek (West).................  At confluence with              None         +573  Town of Wheatfield.
                                       Bergholtz Creek.
                                      At the centerline of            None         +578
                                       Ward Road.
Tonawanda Creek.....................  Approximately 0.9 mile          None         +572  City of North
                                       upstream of Twin                                   Tonawanda, Town of
                                       Cities Memorial                                    Lockport, Town of
                                       Highway.                                           Pendleton, Town of
                                                                                          Royalton, Town of
                                                                                          Wheatfield.
                                      Approximately 2.8 miles         None         +593
                                       upstream of Rapids
                                       Road.
Town Ditch Number 2.................  At confluence with              None         +578  Town of Pendleton.
                                       Tonawanda Creek.
                                      Approximately 0.8 mile          None         +578
                                       upstream of Campbell
                                       Boulevard.
Twelvemile Creek....................  Approximately 2.0 miles         +301         +300  Town of Porter, Town of
                                       upstream of Fitch Road.                            Wilson.
                                      Approximately 870 feet          +300         +301
                                       downstream of
                                       Ransomville Road.
----------------------------------------------------------------------------------------------------------------
* 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.
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[[Page 244]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: December 22, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-31267 Filed 1-2-09; 8:45 am]

BILLING CODE 9110-12-P