Flood elevation determinations: Kentucky and Texas,

[Federal Register: April 9, 2007 (Volume 72, Number 67)]

[Proposed Rules]

[Page 17463-17465]

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

[DOCID:fr09ap07-29]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7713]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES: The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3151.

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.

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.

Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

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:

    [[Page 17464]]

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

    Location of referenced Depth in Communities affected elevation

    feet above ground.

    Effective Modified

    Letcher County, Kentucky, and Incorporated Areas

    North Fork Kentucky River........... Approximately 0.29 miles

    None +1124 Letcher County downstream of Hazard Road.

    (Unincorporated Areas). Approximately 0.14 miles

    None +1137 downstream of the CSX Railroad (City of Whitesburg Corporate Limits). Approximately 0.16 miles

    None +1161 downstream of State Route 15 near Piedmont Drive (City of Whitesburg Corporate Limits). Approximately 0.14 miles

    None +1176 upstream of State Route 15 near the confluence with Pert Creek. *National Geodetic Vertical Datum. Depth in feet above ground. +North American Vertical Datum. ADDRESSES

    Letcher County (Unincorporated Areas)

    Maps are available for inspection at 156 Main Street, Whitesburg, KY 41858

    Send comments to The Honorable Jim Ward, Letcher County Judge Executive, 156 Main Street, Suite 107, Whitesburg, KY 41858

    Trimble County, Kentucky, and Incorporated Areas

    Ohio River.......................... Oldham County Line.......... None +457 Trimble County (Unincorporated Areas) City of Milton Corporate

    None +463 Limits. Trimble County Limits

    *464 +463 (Downstream). City of Milton Corporate

    None +464 Limits. Carroll County Line......... None +464 Trimble County Limits

    *465 +464 (Upstream). *National Geodetic Vertical Datum. Depth in feet above ground. +North American Vertical Datum. ADDRESSES City of Milton

    Maps are available for inspection at 10179 U.S. Highway 421 North, Milton, KY 40045

    Send comments to The Honorable Donald Oakley, Mayor, City of Milton, 10179 U.S. Highway 421 North, Milton, KY 40045

    Trimble County (Unincorporated Areas):

    Maps are available for inspection at 123 Church Street, Bedford, KY 40006

    Send comments to The Honorable Randy Stevens, Trimble County Judge Executive, P.O. Box 251, Bedford, KY 40006

    Collin County, Texas, and Incorporated Areas

    Cottonwood Creek 1.................. Approximately 200 feet

    *552 +550 City of Allen. downstream from Oxbow Creek

    City of McKinney. Lane. Approximately 600 feet

    None +712 City of Parker. upstream from Ash Lane.

    City of Plano. Doe Branch.......................... Approximately 2070 feet

    None +624 City of Celina. downstream from County Rd

    Collin County. 51. County Road 94.............. None +741 (Unincorporated Areas). East Fork Trinity River............. Approximately 3500 feet

    None +524 City of Mckinney. downstream from Union

    City of Melissa. Pacific Railroad. Approximately 1600 feet

    None +570 Collin County upstream from County Road

    (Unincorporated 279.

    Areas). Muddy Creek (Upper Reach)........... Approximately one mile

    *486 +487 City of Wylie. downstream from FM 544.

    Collin County. Just upstream from Stinson

    *573 +569 (Unincorporated Road.

    Areas). Rowlett Creek....................... McDermott Drive (FM 2170)... *609 +606 City of Allen. Approximately 3000 feet

    *626 +627 upstream from Exchange Parkway. Stewart Creek Tributary............. Approximately 2500 feet

    *659 +660 City of Frisco. downstream from Fossil Ridge Drive. Approximately 2800 feet

    None +718 upstream from Woodstream Drive. Watters Branch...................... Approximately 2250 feet

    *586 +585 City of Allen. downstream from Bethany Drive. State Hwy 121............... *698 +691 West Rowlett Creek.................. Confluence with Rowlett

    *611 +609 City of Allen. Creek.

    [[Page 17465]]

    Approximately 1000 feet

    *638 +633 City of Plano downstream from State Hwy

    Collin County 121.

    (Unincorporated Areas). *National Geodetic Vertical Datum. Depth in feet above ground. +North American Vertical Datum. ADDRESSES City of Allen

    Maps are available for inspection at One Butler Circle, Allen, TX 75013

    Send comments to The Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013

    City of Celina

    Maps are available for inspection at City of Celina, 320 West Walnut, Celina, TX 75009

    Send comments to The Honorable Corbett Howard, Mayor, City of Celina, 302 West Walnut, Celina, TX 75009

    City of Frisco

    Maps are available for inspection at City of Frisco, 6891 Main Street, Frisco, TX 75034

    Send comments to The Honorable Michael Simpson, Mayor, City of Frisco, 6101 Frisco Square Blvd, Frisco, TX 75034 City of Lucas

    Maps are available for inspection at 151 Country Club Road, Lucas, TX 75002

    Send comments to The Honorable Bob Sanders, Mayor, City of Lucas, 151 Country Club Road, Lucas, TX 75002 City of McKinney

    Maps are available for inspection at City of McKinney, 222 North Tennessee Street, McKinney, TX 75070

    Send comments to The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, TX 75070 City of Melissa

    Maps are available for inspection at City of Melissa, 109 U.S. Hwy 121, Melissa, TX 75454

    Send comments to The Honorable David Dorman, Mayor, City of Melissa, P.O. Box 409, Melissa, TX 75454 City of Parker

    Maps are available for inspection at City of Parker, 5700 East Parker Road, Parker, TX 75002

    Send comments to The Honorable Jerry Tartaglino, Mayor, City of Parker, 5700 East Parker Road, Parker, TX 75002 City of Plano

    Maps are available for inspection at City of Plano, 1520 Avenue K, Plano, TX 75086

    Send comments to The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086 City of Wylie

    Maps are available for inspection at City of Wylie, 114 North Ballard Avenue, Wylie, TX 75098

    Send comments to The Honorable John Mondy, Mayor, City of Wylie, 2000 Hwy 78 North, Wylie, TX 75098 Collin County (Unincorporated Areas) Maps are available for inspection at Collin County Department of Public Works, 210 South McDonald Street, McKinney, TX 75069

    Send comments to The Honorable Ron Harris, Judge, Collin County, 210 South McDonald, McKinney, TX 75069

    (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

    Dated March 26, 2007. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-6555 Filed 4-6-07; 845 am]

    BILLING CODE 9110-12-P

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