Proposed Flood Elevation Determinations,

[Federal Register: January 30, 2008 (Volume 73, Number 20)]

[Proposed Rules]

[Page 5480-5484]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30ja08-21]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7760]

Proposed Flood Elevation Determinations

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 29, 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-7760, 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,

[[Page 5481]]

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:

    * Elevation in feet (NGVD) + Elevation in feet (NAVD) State

    City/town/county Source of

    Location**

    Depth in feet above flooding

    ground

    Existing Modified

    Unincorporated Areas of Sutter County, California

    California.................... Unincorporated East Side Canal.. Downstream

    *38

    *40 Areas of Sutter

    source of the County.

    East Side Canal. 1500 feet

    *39

    *40 downstream of Catlett Road. California.................... Unincorporated King Slough...... Confluence with

    *39

    *40 Areas of Sutter

    East Side Canal. County. 1600 feet

    *39

    *40 upstream of the confluence of North King Slough. California.................... Unincorporated North King Slough Confluence with

    *39

    *40 Areas of Sutter

    King Slough. County. 3200 feet

    *39

    *40 upstream of the confluence with King Slough.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. ** 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 Unincorporated Areas of Sutter County Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba City, CA 95993.

    [[Page 5482]]

    * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s)

    Location of referenced Depth in feet above Communities affected elevation**

    ground

    Effective Modified

    Clatsop County, Oregon, and Incorporated Areas

    Columbia River...................... Approximately at

    +9

    +12 Unincorporated Areas of Warrenton-Astoria Alt

    Clatsop County, City Highway south of

    of Warrenton. Astoria Regional Airport. Approximately 600 feet

    +9

    +12 upstream of SE Anchor Road, West of Burlington Northern railroad. Lewis & Clark River................. Approximately \1/2\

    +9

    +12 Unincorporated Areas of mile downstream of

    Clatsop County. confluence with Heckard Creek, east of Lewis & Clark River. Approximately at

    +9

    +13 confluence with Heckard Creek, east of Lewis & Clark River. Youngs River........................ Approximately 500 feet

    +7

    +12 Unincorporated Areas of south of confluence

    Clatsop County. with Battle Creek Slough. Approximately at

    +9

    +12 intersection of Wireless Road & Hwy 101 Business.

    * 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 Warrenton Maps are available for inspection at 225 South Main Street, Warrenton, OR 97146.

    Unincorporated Areas of Clatsop County

    Maps are available for inspection at 800 Exchange Street, Astoria, OR 97103.

    Perry County, Pennsylvania, and Incorporated Areas

    Juniata River....................... Approximately 8,820

    None

    +402 Township of Tuscarora. feet downstream of State Highway 17 (Sunbury Street). Approximately 5,420

    None

    +408 feet upstream of State Highway 17 (Sunbury Street). Little Buffalo Creek................ Approximately 5,200

    None

    +428 Township of Juniata. feet upstream of State Route 4010. Approximately 5,340

    None

    +428 feet upstream of State Route 4010. Losh Run............................ Approximately 410 feet

    None

    +369 Township of Miller. downstream of Conrail Railroad. Approximately 930 feet

    None

    +369 upstream of Conrail Railroad. Losh Run............................ Approximately 495 feet

    None

    +369 Township of Wheatfield. downstream of Conrail Railroad. Approximately 880 feet

    None

    +369 upstream of Conrail Railroad. Raccoon Creek....................... Approximately 30 feet

    None

    +405 Township of Tuscarora. downstream of Local Route 50024. Approximately 1,150

    None

    +405 feet upstream of Local Route 50024. Sugar Run........................... Approximately 605 feet

    None

    +404 Township of Tuscarora. downstream of Hill Road (T-432). Approximately 330 feet

    None

    +404 upstream of Hill Road (T-432).

    * 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

    Township of Juniata Maps are available for inspection at 16 Milford Rd, Newport, PA 17074.

    Township of Miller Maps are available for inspection at 55410 Limekiln Lane, Duncannon, PA 17020.

    Township of Tuscarora

    [[Page 5483]]

    Maps are available for inspection at 72 Cementery Rd, Millerstown, PA 17062.

    Township of Wheatfield Maps are available for inspection at Rt. 274, New Bloomfield Road, New Bloomfield, PA 17068.

    Hanover County, Virginia, and Incorporated Areas

    Beaverdam Creek..................... Approximately 384 feet

    *92

    *91 Unincorporated Areas of downstream of Old

    Hanover County. State Route 156. Approximately 6,450

    *152

    *151 feet upstream of the Woodbridge Road. Bull Run............................ Approximately 1,260

    *74

    *75 Unincorporated Areas of feet upstream of the

    Hanover County. confluence with North Anna River. Approximately 1,344

    *74

    *75 feet upstream of the confluence with North Anna River. Crump Creek......................... At approximately 2,800

    None

    *39 Unincorporated Areas of feet downstream of

    Hanover County. River Road. Approximately at New

    None

    *191 Britton Road. Lickinghole Creek................... Approximately 643 feet

    None

    *126 Unincorporated Areas of upstream from the

    Hanover County. confluence with Stony Run. Approximately at Design

    None

    *220 Road. Little River........................ Approximately at State

    None

    *95 Unincorporated Areas of Route 688 (Doswell

    Hanover County. Road). Approximately 7,000

    None

    *218 feet upstream from the confluence with Locust Creek. Mechumps Creek...................... Approximately 3,258

    *51

    *50 Town of Ashland, feet upstream of Route

    Unincorporated Areas 301.

    of Hanover County. Approximately at Route

    None

    *211 1. North Anna River.................... Approximately 3.4 miles

    None

    *104 Unincorporated Areas of upstream of Route 1.

    Hanover County. Approximately 3,015

    None

    *201 feet upstream from Greek Bay Road. Pamunkey River...................... Approximately 860 feet

    None

    *11 Unincorporated Areas of downstream of the

    Hanover County. confluence with Whitting Swamp. Approximately at the

    None

    *60 confluence with North Anna Creek and South Anna Creek. South Anna Creek.................... Approximately at State

    None

    *110 Unincorporated Areas of Route 54.

    Hanover County. Approximately 10,750

    None

    *214 feet upstream of the confluence with Turkey Creek. Stony Run........................... Approximately 50 feet

    *132

    *131 Town of Ashland, upstream of Route 682.

    Unincorporated Areas of Hanover County. Approximately at Elmont

    None

    *220 Road. Totopotomoy River................... Approximately 2,000

    None

    *28 Unincorporated Areas of feet downstream of the

    Hanover County. River Road. Approximately at

    None

    *173 Sliding Hill Road. Tributary to Beaverdam Creek........ Approximately 580 feet

    None

    *140 Unincorporated Areas of upstream of the

    Hanover County. confluence with Beaverdam Creek. Approximately 1,474

    None

    *140 feet upstream of the confluence with Beaverdam Creek.

    * 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 Ashland Maps are available for inspection at 101 Thompson Street, Ashland, VA 23005.

    Unincorporated Areas of Hanover County

    Maps are available for inspection at Department of Public Works, 7497 County Complex Road, Government Administration Building H, Hanover, VA 23069.

    [[Page 5484]]

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

    Dated: January 22, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

    [FR Doc. E8-1650 Filed 1-29-08; 8:45 am]

    BILLING CODE 9110-12-P

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