Flood elevation determinations: Mississippi and Wisconsin,

[Federal Register: October 17, 2006 (Volume 71, Number 200)]

[Proposed Rules]

[Page 60980-60983]

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

[DOCID:fr17oc06-42]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7471]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division.

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, 500 C Street SW., Washington, DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: 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. No environmental impact assessment has 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 rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This 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

    Kemper County, Mississippi, and Incorporated Areas

    Hull Branch......................... Approximately 10,360

    None

    +336 Kemper County feet upstream of Old

    (Unincorporated Jackson Road.

    Areas). At the confluence of

    None

    +383 Snoody Creek. Okatibbe Creek...................... Approximately 2,340

    None

    +374 Kemper County feet upstream of Bull

    (Unincorporated Swamp Road.

    Areas). At the confluence with

    None

    +408 Houston Creek. Snoody Creek........................ At the confluence with

    None

    +327 Town of De Kalb, Kemper Hull Branch.

    County (Unincorporated Areas). Approximately 2,290

    None

    +336 feet downstream of State Road 39.

    ADDRESSES

    Unincorporated Areas of Kemper County

    Maps are available for inspection at Kemper County Courthouse, 100 Main Street, De Kalb, MS 39328. Send comments to Mr. James Granger, Board Chairman, Kemper County, P.O. Box 188, De Kalb, MS 39328.

    Town of De Kalb

    [[Page 60981]]

    Maps are available for inspection at Kemper County Courthouse, 100 Main Street, De Kalb, MS 39328. Send comments to The Honorable Homer Hall, Mayor, P.O. Box 579, De Kalb, MS 39328.

    Ozaukee County, Wisconsin, and Incorporated Areas

    Canyon Creek........................ At mouth of Lake

    \1\ *590 \1\ *590 City of Port Michigan.

    Washington, Unincorporated Areas of Ozaukee County. At intersection of

    None

    *701 Interstate 43. Cedar Creek......................... At mouth at Milwaukee

    *680

    *679 City of Cedarburg, River.

    Village of Grafton, Unincorporated Areas of Ozaukee County. 6450 feet upstream of

    *838

    *836 County Highway Y. Fredonia Creek...................... At mouth at Milwaukee \1\ *780 \1\ *781 Village of Fredonia, River.

    Unincorporated Areas of Ozaukee County. 2500 feet upstream from

    None

    *831 County Highway D. Milwau kee River.................... At County Line Road....

    *653

    *653 Village of Thiens ville. Downstream of northern

    *798

    *798 City of Mequon, Village crossing of Riverside

    of Grafton. Road. Upstream of south

    *805

    *805 Village of Saukville, crossing of Riverside

    Village of Fredonia. Road. Downstream of Hickory

    *835

    *835 Village of Newburg, Road.

    Unincorporated Areas of Ozaukee County. Mineral Springs..................... At mouth at Sauk Creek. \1\ *590 \1\ *590 City of Port Washington. 300 feet upstream from

    None

    *719 State Highway 32. Mole Creek.......................... At mouth at Milwaukee \1\ *746 \1\ *746 Village of Grafton, River.

    Unincorporated Areas of Ozaukee County. 600 feet upstream of

    None

    *818 Center Road. North Branch of Milwaukee River..... At mouth at Milwaukee

    *797

    *798 Unincorporated Areas of River.

    Ozaukee County. Downstream of northern

    *799

    *799 crossing of Riverside Road. Pigeon Creek........................ At mouth at Milwaukee \1\ *660 \1\ *660 Village of Thiens River approximately

    ville, City of Mequon. 100 feet downstream from Green Bay Road. 1900 feet upstream of

    None

    *732 Highland Road. Sauk Creek.......................... At mouth of Lake

    \1\ *590

    *590 City of Port Michigan.

    Washington, Village of Belgium, Unincorporated Areas of Ozaukee County. 2000 feet upstream of

    None

    *796 County Highway KK. Ulao Creek.......................... At mouth at Milwaukee

    None \1\ *664 City of Mequon, Village River.

    of Grafton, Unincorporated Areas of Ozaukee County. 2300 feet upstream of

    None

    *744 State Highway 32. Un-named Tributary 1 to At intersection with

    None

    *720 Village of Belgium, Belgium Holland Drainage Ditch. County Highway K.

    Unincorporated Areas of Ozaukee County. 100 feet downstream of

    None

    *731 Park Street. Un-named Tributary 1 to At the downstream

    None

    *723 Unincorporated Areas of Belgium Holland Drainage Ditch

    confluence of Un-named

    Ozaukee County. Overflow 1.

    Tributary 1 to Belgium Holland Drainage Ditch. At the upstream

    None

    *724 overflow from Un-named Tributary 1 to Belgium Holland Drainage Ditch (750 feet downstream of Park St). Un-named Tributary 1 to At the confluence of Un-

    None

    *730 Village of Belgium, Belgium Holland Drainage Ditch

    named Tributary 2.

    i>1 to Belgium Holland

    of Ozaukee County. Drainage Ditch. At the upstream

    None

    *730 overflow of Un-named Tributary 1 to Belgium Holland Drainage Ditch (2750 feet downstream of Jay Road). Un-named Tributary 1 to At mouth of the

    \1\ *759 \1\ *758 Village of Saukville. Milwaukee River.

    Milwaukee River. 1690 feet upstream of

    None

    *775 Dekora Woods Boulevard. Un-named Tributary 1 to At mouth of Ulao Creek.

    None

    *664 City of Mequon. Ulao Creek.

    [[Page 60982]]

    1700 feet upstream of

    None

    *673 County Highway W. Un-named Tributary to Un-named

    At mouth of Un-named

    None

    *664 City of Mequon. Tributary 1 to Ulao Creek. Tributary 1 to Ulao Creek. 6750 feet upstream of

    None

    *673 Interstate 43. Un-named Tributary 2 to At mouth of Pigeon

    None

    *623 City of Mequon, City of Pigeon Creek.

    Creek.

    Cedar burg, Unincorporated Areas of Ozaukee County. 2300 feet upstream of

    None

    *806 State Highway 181. Un-named Tributary 3 to 200 feet downstream of

    *791

    *791 Village of Fredonia. Milwaukee River.

    Wheeler Avenue. 500 feet upstream of

    *798

    *798 Meadowbrook Drive.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. \1\ Flood Elevation based on Backwater.

    ADDRESSES: Village of Belgium

    Maps are available for inspection at 195 Commerce St., Belgium, WI 53004-0224.

    Send comments to Donald Schommer, Village President, 820 North St., Belgium, WI 53004.

    City of Cedarburg

    Maps are available for inspection at W63 N645 Washington Avenue, Cedarburg, WI 53012-0049.

    Send comments to Gregory P. Myers, Mayor, W63 N645 Washington Avenue, Cedarburg, WI 53012-0049.

    Village of Fredonia

    Maps are available for inspection at Village Hall, 416 Fredonia Ave., Fredonia, WI 53021.

    Send comments to William Hamm, Village President, P.O. Box 159, 416 Fredonia Ave Fredonia, WI 53021.

    Village of Grafton:

    Maps are available for inspection at Village Hall--Thomas Johnson, 1971 Washington St., Grafton, WI 53024.

    Send comments to Jim Brunquell, Village President, 1971 Washington St., Grafton, WI 53024.

    City of Mequon

    Maps are available for inspection at 11333 N. Cedarburg Road, Mequon, WI 53092.

    Send comments to Christine Nuernberg, Mayor, 11333 N. Cedarburg Road, Mequon, WI 53092.

    Village of Newburg

    Maps are available for inspection at Village Hall, 614 Main St., Newburg, WI 53060.

    Send comments to William Sackett, Village President, 614 Main Street, P.O. Box 50, Newburg, WI 53060.

    Unincorporated Areas of Ozaukee County

    Maps are available for inspection at Planning, Resources, and Land Management Department 121 West Main Street, P.O. Box 994, Port Washington, WI 53704-0994.

    Send comments to Robert Brooks, County Board Chairperson, 121 West Main Street, Port Washington, WI 53704.

    City of Port Washington

    Maps are available for inspection at Office of Planning and Development, 100 W. Grand Avenue, Port Washington, WI 53074.

    Send comments to Scott Huebner, Mayor, 100 W. Grand Avenue, P.O. Box 307, Port Washington, WI 53074.

    Village of Saukville

    Maps are available for inspection at Planning Department, 639 East Green Bay Ave., Saukville, WI 53080.

    Send comments to Dawn Wagner, Village Administrator, 639 East Green Bay Ave, Saukville, WI 53080.

    Village of Thiensville

    Maps are available for inspection at 250 Elm Street, Thiensville, WI 53092.

    Send comments to Karl V. Herts, Village President, 250 Elm Street.

    [[Page 60983]]

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

    Dated: October 6, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

    [FR Doc. E6-17270 Filed 10-16-06; 8:45 am]

    BILLING CODE 9110-12-P

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