Flood elevation determinations: Various States,

[Federal Register: July 2, 2007 (Volume 72, Number 126)]

[Proposed Rules]

[Page 35956-35960]

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

[DOCID:fr02jy07-16]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7720]

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.

[[Page 35957]]

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 Directorate, 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:

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

    Location of referenced Depth in feet above Communities affected elevation

    ground

    Effective Modified

    Allen County, Indiana, and Incorporated Areas

    Aboite Creek........................ Approximately 350 feet

    +756

    +755 Allen County downstream of Powell

    (Unincorporated Road.

    Areas). Approximately 2,000

    +756

    +755 feet upstream of Powell Road. Brown Ditch......................... At the confluence with

    +793

    +792 Allen County Adam Schlemmer-Baker

    (Unincorporated Ditch.

    Areas). Approximately 650 feet

    +793

    +792 upstream of the confluence with Adam Schlemmer-Baker Ditch. Bullerman Branch.................... Approximately 775 feet

    +777

    +778 Allen County upstream of the

    (Unincorporated confluence with

    Areas), City of Fort Bullerman Ditch.

    Wayne. Approximately 600 feet

    +777

    +778 downstream of Stellhorn Road. Durnell Ditch....................... Approximately 1,056

    +787

    +786 City of Fort Wayne. feet upstream of Interstate Highway 69. Approximately 615 feet

    +808

    +807 downstream of State Highway 14/Illinois Road. Junk Ditch.......................... At the confluence with

    +758

    +759 City of Fort Wayne. St. Mary's River. Approximately 150 feet

    +758

    +759 upstream of Taylor Street. Lawrence Branch..................... At the confluence with

    +775

    +776 City of Fort Wayne. Flaugh Ditch. Approximately 150 feet

    +775

    +776 upstream of the confluence with Flaugh Ditch. Martin Ditch........................ At the confluence with

    +749

    +748 City of New Haven. MaumeeRiver. Approximately 2,900

    +749

    +748 feet upstream of confluence with Maumee River. St. Mary's River.................... Just downstream of

    +771

    +772 Allen County Bostick Road.

    (Unincorporated Areas). At South County Line

    +776

    +778 Road East. Willow Creek Branch No. 7........... At the confluence with

    +825

    +824 Allen County WillowCreek.

    (Unincorporated Areas). Approximately 1,500

    +825

    +824 feet downstream of Woods Road.

    * National Geodetic Vertical Datum. + North American Vertical Datum.

    [[Page 35958]]

    Depth in feet above ground. ADDRESSES City of Fort Wayne

    Maps are available for inspection at 1 Main Street, Room 630, Fort Wayne, IN 46802. Send comments to The Honorable Graham Richard, Mayor, City of Fort Wayne, 1 Main Street, Fort Wayne, IN 46802.

    City of New Haven

    Maps are available for inspection at 815 Lincoln Highway East, New Haven, IN 46774. Send comments to The Honorable Terry E. McDonald, Mayor, City of New Haven, 815 Lincoln Highway East, New Haven, IN 46774.

    Allen County (Unincorporated Areas)

    Maps are available for inspection at 1 East Main Street, Room 630, Fort Wayne, IN 46802. Send comments to Linda K. Bloom, President, County Commissioners, 1 East Main Street, Room 200, Fort Wayne, IN 46802.

    Pearl River County, Mississippi, and Incorporated Areas

    East Hobolochitto Creek............. Just upstream of West

    None

    +86 Pearl River County Union Road.

    (Unincorporated Areas). Approximately 420 feet

    None

    +147 upstream of Savannah Millard Road. Jumpoff Creek....................... At the confluence with

    None

    +162 Pearl River County East Hobolochitto

    (Unincorporated Creek.

    Areas). Just upstream of

    None

    +238 Norfolk Southern Railroad. Juniper Creek....................... At the confluence with

    None

    +166 Pearl River County East Hobolochitto

    (Unincorporated Creek.

    Areas). Approximately 1,900

    None

    +252 feet upstream of Dupont-Harris Road. Long Branch......................... At the confluence with

    None

    +72 Pearl River County West Hobolochitto

    (Unincorporated Creek.

    Areas). Approximately 6,900

    None

    +161 feet upstream of Nelle Burkes Road. Mill Creek No. 1.................... At the Pearl River-

    None

    +79 Pearl River County Hanconk County

    (Unincorporated Boundary.

    Areas). Approximately 4,800

    None

    +175 feet upstream of Mill Creek 2 Tributary 4.

    No. 3........................... Approximately 170 feet

    None

    +54 Pearl River County upstream of Boley

    (Unincorporated Bypass Road.

    Areas). Approximately 14,600

    None

    +180 feet upstream of Highway 11.

    No. 4........................... Just upstream of the

    None

    +91 Pearl River County dam.

    (Unincorporated Areas). Approximately 6,200

    None

    +143 feet upstream of Rock Ranch Road. West Hobolochitto Creek............. Approximately 600 feet

    None

    +98 Pearl River County downstream of

    (Unincorporated Henleyfield-McNeill

    Areas). Road. Approximately 200 feet

    +133

    +130 upstream of Highway 26. White Sand Creek.................... At the confluence with

    None

    +129 Pearl River County West Hobolochitto

    (Unincorporated Creek.

    Areas). Approximately 4,050

    None

    +247 feet upstream of White Sand Creek Tributary 7. Wolf River.......................... Approximately 16,100

    None

    +120 Pearl River County feet downstream of

    (Unincorporated McNeill-McHenryRoad.

    Areas). Approximately 2,500

    None

    +241 feet upstream of Highway 11.

    * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES Pearl River County (Unincorporated Areas)

    Maps are available for inspection at Department of Planning and Development, 167 Savannah-Millard Road, Poplarville, MS 39470. Send comments to Ms. Bettye Stockstill, President, Board of Supervisors, Pearl River County Courthouse, 207 West Pearl Street, Poplarville, MS 39470.

    Smith County, Texas, and Incorporated Areas

    Blackhawk Creek..................... Approximately 2000 feet

    None

    +332 City of Whitehouse downstream of

    (Smith County), intersection with

    Unincorporated Areas. Blackjack Rd. Approximately 1750 feet

    None

    +483 upstream of intersection with FM 346 E.

    [[Page 35959]]

    Tributary 1..................... Confluence with

    None

    +383 City of Whitehouse. Blackhawk Creek. Approximately 250 feet

    None

    +419 upstream of Hagan Rd intersection.

    Tributary 2..................... Confluence with

    None

    +418 City of Whitehouse. Blackhawk Creek. Approximately 2000 feet

    None

    +460 upstream of interstection with CR 2319. Hill Creek.......................... Approximately 3500 feet

    None

    +379 City of Whitehouse from intersection with

    (Smith County), Troup Highway.

    Unincorporated Areas. Approximately 2500 feet

    None

    +465 downstream of intersection with Bascom Rd. Horsepen Branch..................... Approximately 8000 feet

    None

    +392 City of Troup. downstream of confluence with Kickapoo Creek. Approximately 1100 feet

    None

    +411 downstream of confluence with Kickapoo Creek. Mud Creek........................... Approximately 7000 feet

    None

    +315 (Smith County) downstream from

    Unincorporated Areas. intersection with Old Tyler Rd. (County Line). Approximately 140 feet

    None

    +333 upstream from intersection with TroupHighway. Prairie Creek South................. Approximately 1750 feet

    None

    +382 (Smith County) downstream of

    Unincorporated Areas, intersection with Old

    New Chapel Hill. Omen Rd. 1750 feet upstream of

    None

    +422 intersection with Henderson Hwy. Prairie Creek Tributary 1........... Confluence with Prairie

    None

    +391 (Smith County) Creek South.

    Unincorporated Areas. 1500 feet upstream from

    None

    +451 Dam.

    * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES

    City of Troup Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702. Send comments to The Honorable John Whitsell, Mayor, City of Troup, PO Box 637, Troup, TX 75789.

    City of Whitehouse

    Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702. Send comments to The Honorable Jake Jacobson, Mayor, City of Whitehouse, PO Box 776, Whitehouse, TX 75791.

    New Chapel Hill

    Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702. Send comments to The Honorable Robert Whitaker, Mayor, 14475 State Hwy 64 E, Tyler, TX 75707.

    Unincorporated Areas of Smith County

    Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702. Send comments to The Honorable Joel P. Baker, County Judge, Smith County, 200 E. Ferguson, Ste. 100, Tyler, TX 75702.

    [[Page 35960]]

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

    Dated: June 18, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security.

    [FR Doc. E7-12692 Filed 6-29-07; 8:45 am]

    BILLING CODE 9110-12-P

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