Proposed Flood Elevation Determinations,
[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Proposed Rules]
[Page 2868-2873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja08-26]
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket No. FEMA-B-7757]
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 15, 2008.
ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is 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-7757, 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
[[Page 2869]]
(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]
-
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]
-
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
Kenton County, Kentucky, and Incorporated Areas
Banklick Creek...................... Eaton Drive bridge.....
+498
+499 City of Covington, City of Erlanger, City of Fort Wright, City of Independence, Unincorporated Areas of Kenton County. 3,500 feet upstream of
+649
+648 Webster Lane bridge. Bullock Pen Creek (Banklick Creek 140' upstream of CSX
None
+517 City of Edgewood. backwater).
railroad crossing of Bullock Pen Creek. City of Edgewood and
None
+517 City of Erlanger corporate limits. DeCoursey Creek (Licking River
City of Fairview and
None
+504 City of Fairview. backwater).
Kenton County Unincorporated corporate limits. 4,670 feet upstream of
None
+504 City of Fairview and Kenton County Unincorporated corporate limits. Fowler Creek........................ Mouth at Banklick Creek
+554
+562 City of Independence, Unincorporated Areas of Kenton County. Pelly Road bridge......
+710
+713 Unnamed Tributary (Backwater from 870 feet downstream of
None
+518 Unincorporated Areas of Licking River).
CSX Railroad Bridge.
Kenton County. 1,010 feet upstream of
None
+518 CSX Railroad.
* 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.
[[Page 2870]]
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 Covington Maps are available for inspection at 638 Madison Avenue, Covington, KY 41011.
City of Edgewood Maps are available for inspection at 385 Dudley Road, Edgewood, KY 41017.
City of Erlanger Maps are available for inspection at 505 Commonwealth Avenue, Erlanger, KY 41018.
City of Fairview Maps are available for inspection at 303 Court Street, Covington, KY 41011.
City of Fort Wright Maps are available for inspection at 409 Kyles Lane, Fort Wright, KY 41011.
City of Independence Maps are available for inspection at 5292 Madison Pike, Independence, KY 41051.
Unincorporated Areas of Kenton County Maps are available for inspection at 303 Court Street, Covington, KY 41011.
Harrison County, Mississippi, and Incorporated Areas
Back Bay of Biloxi/Big Lake......... Near the intersection
+11
+15 City of D'Iberville, of Popps Ferry Road
City of Biloxi, and Causeway Drive.
Unincorporated Areas of Harrison County. Near the intersection
+13
+21 of Interstate 110 and Bay Shore Drive. Bay of Biloxi....................... Near the intersection
+11
+16 City of Biloxi, City of of D'Iberville
D'Iberville, Boulevard and Lamey
Unincorporated Areas Bridge Road.
of Harrison County. At Harrison/Jackson
+16
+23 county boundary near U.S. Highway 90. Bernard Bayou....................... Approximately 350 feet
+11
+15 Unincorporated Areas of upstream of Interstate
Harrison County, City 10.
of Gulfport. Approximately 3,000
None
+87 feet upstream of Mennonite Road.
Tributary 3..................... At the confluence with
None
+23 Unincorporated Areas of Bernard Bayou.
Harrison County. Approximately 5,808
None
+44 feet upstream of Orange Grove Road.
Tributary 4..................... At the confluence with
None
+24 Unincorporated Areas of Bernard Bayou
Harrison County, City Tributary 3.
of Gulfport. Approximately 1,900
None
+64 feet upstream of Lambrecht Road.
Tributary 5..................... At the confluence with
None
+40 Unincorporated Areas of Bernard Bayou
Harrison County, City Tributary 4.
of Gulfport. Approximately 850 feet
None
+65 upstream of Pheasant Drive.
Tributary 6..................... At the confluence with
None
+28 Unincorporated Areas of Bernard Bayou.
Harrison County. Approximately 300 feet
None
+52 upstream of Orange Grove Road. Big Creek........................... Approximately 29,040
None
+55 Unincorporated Areas of feet upstream of the
Harrison County. confluence with Wolf River. Approximately 32,208
None
+58 feet upstream of the confluence with Wolf River. Biloxi River........................ Approximately 100 feet
+11
+15 City of Biloxi, City of upstream of Lorraine
Gulfport, Rd.
Unincorporated Areas of Harrison County. At Harrison/Stone
None
+104 county boundary. Brickyard Bayou..................... Approximately 200 feet
+10
+13 City of Gulfport. upstream of 8th Avenue. Approximately 250 feet
None
+30 upstream of Stewart Avenue.
[[Page 2871]]
Brickyard Bayou/Bernard Bayou/Turkey Near intersection of
+10
+12 City of Gulfport. Creek.
8th Avenue and Pass Road. Near the intersection
+11
+18 of Ridge Road and Taylor Road. Canal No. 1......................... Approximately 2,100
+16
+18 City of Pass Christian, feet upstream of Epsy
Unincorporated Areas Avenue.
of Harrison County. Approximately 2,900
+17
+18 feet upstream of Epsy Ave. Canal No. 3......................... Approximately 1,000
+14
+17 Unincorporated Areas of feet downstream of
Harrison County, City Epsy Avenue.
of Long Beach. Approximately 1,000
+18
+19 feet downstream of Beatline Road. Crow Creek.......................... Approximately 19,008
None
+95 Unincorporated Areas of feet upstream of the
Harrison County. confluence with Biloxi River. Approximately 24,816
None
+101 feet upstream of the confluence with Biloxi River. Flat Branch......................... At the confluence with
+11
+15 Unincorporated Areas of Bernard Bayou.
Harrison County, City of Gulfport. Approximately 8,976
None
+66 upstream of the confluence with Flat Branch Tributary 2.
Tributary 1..................... Approximately 1,450
None
+22 City of Gulfport. feet downstream of Hamilton Street. Approximately 3,900
None
+58 feet upstream of Robinson Road.
Tributary 2..................... At the confluence with
None
+53 City of Gulfport. Flat Branch. Approximately 2,450
None
+56 feet upstream of the confluence with Flat Branch. Fritz Creek......................... Approximately 3,400
+11
+15 City of Gulfport. feet upstream of Lorraine Road. Approximately 850 feet
None
+56 upstream of Three Rivers Road.
Tributary 1..................... Shallow flooding area
None 2 City of Gulfport. bound by O'Neal Road to the North, Mays Road to the South, Crystal Weel Court to the West, and Three Rivers Road to the East. Approximately 100 feet
None
+52 upstream of Three Rivers Road. Approximately 1,050
None
+60 feet upstream of O'Neal Road.
Tributary 2..................... At the confluence with
None
+39 City of Gulfport, Fritz Creek.
Unincorporated Areas of Harrison County. Approximately 1,650
None
+58 feet upstream of Three Rivers Road. Gulf of Mexico/Mississippi Sound.... Near the intersection
+12
+17 City of Biloxi, City of of Main Street and
Gulfport, City of Long Water Street.
Beach, City of Pass Christian, Unincorporated Areas of Harrison County. Near the intersection
+18
+26 of Espy Avenue and U.S. Highway 90. Hickory Creek....................... Approximately 3,850
None
+121 Unincorporated Areas of feet upstream of
Harrison County. McHenry Road. Approximately 7,920
None
+128 feet upstream of McHenry Road. Hog Branch.......................... Approximately 1,800
+35
+36 Unincorporated Areas of feet upstream of the
Harrison County. confluence with Tuxachanie Creek. Approximately 10,032
None
+98 feet upstream of South Carr Bridge Road. Howard Creek........................ Approximately 2,700
+13
+15 City of Biloxi. feet upstream of Old Highway 67. Approximately 3,300
+15
+16 feet upstream of Old Highway 67. Little Biloxi River................. Approximately 150 feet
None
+120 Unincorporated Areas of downstream of McHenry
Harrison County. Road. Approximately 6,700
None
+129 feet upstream of McHenry Road. Mill Creek.......................... Approximately 4,900
None
+104 Unincorporated Areas of feet upstream of State
Harrison County. Highway 53. Approximately 8,976
None
+114 feet upstream of State Highway 53.
[[Page 2872]]
Palmer Creek........................ Approximately 3,800
None
+76 Unincorporated Areas of feet upstream of
Harrison County. Wortham Road. Approximately 9,200
None
+87 feet upstream of Wortham Road. Parker Creek........................ Approximately 430 feet
+13
+15 City of Biloxi, upstream of Woolmarket
Unincorporated Areas Road.
of Harrison County. Approximately 9,504
None
+75 feet upstream of State Highway 67. Pole Branch......................... Approximately 270 feet
None
+61 Unincorporated Areas of downstream of Cable
Harrison County. Bridge Road. Approximately 3,200
None
+68 feet upstream of Cable Bridge Road. Ponding Area........................ Ponding area bound by
None
+21 City of Biloxi. Irish Hill Drive to the North, West Howard Avenue to the South, Porter Avenue to the West, and Iroquois Street to the East. Ponding Areas....................... Near intersection of
None
+25 City of Biloxi. Big Lake Road and Lejuene Drive. Near intersection of
None
+29 Irish Hill Drive and Brister Place. Sandy Creek......................... Approximately 1,200
None
+72 Unincorporated Areas of feet downstream of
Harrison County. Steel Bridge Road. Approximately 2,500
None
+75 feet upstream of Steel Bridge Road. Saucier Creek....................... Approximately 1,200
None
+92 Unincorporated Areas of feet upstream of State
Harrison County. Highway 67. Just downstream of
None
+111 Martha Redmond Road. Shallow Flooding.................... Shallow flooding
None 1 City of Pass Christian. bounded by West 2nd Street to the North, Scenic Drive to the South, Leovy Avenue to the West, and Paul Dunbar Avenue to the East. St. Louis Bay/Wolf River/Canal No. 1/ Near the intersection
+12
+17 Unincorporated Areas of Canal No. 3.
of Red Creek Road and
Harrison County, City Menge Avenue.
of Pass Christian. At Harrison/Hancock
+16
+26 county boundary south of Interstate 10. Tchoutacabouffa River............... Approximately 5,400
+11
+14 City of Biloxi, feet upstream of State
Unincorporated Areas Highway 15.
of Harrison County. Approximately 5,000
None
+75 feet upstream of the confluence with Railroad Creek. Tchoutacabouffa River/Biloxi River.. Near intersection of
+11
+13 City of Gulfport, City Old Highway 67 and
of Biloxi, City of Woolmarket Road.
D'Iberville, Unincorporated Areas of Harrison County. Near the intersection
+14
+19 of Pin Oak Drive and Oaklawn Road. Turkey Creek........................ Approximately 2,250
+11
+14 City of Gulfport, feet downstream of
Unincorporated Areas Airport Road.
of Harrison County. Approximately 3,350
+15
+16 feet upstream of Ohio Avenue. Tuxachanie Creek.................... Approximately 1,050
+33
+34 Unincorporated Areas of feet downstream of
Harrison County. Whit Plains Road. Approximately 21,120
None
+95 feet upstream of Bethel Road. West Creek.......................... Approximately 2,000
None
+85 Unincorporated Areas of feet downstream of
Harrison County. State Highway 67. Approximately 10,032
None
+95 feet upstream of State Highway 67. Wolf River.......................... Approximately 9,700
+17
+19 Unincorporated Areas of feet upstream of Bells
Harrison County. Ferry Road. Approximately 1,000
+20
+21 feet downstream of I- 10.
* 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.
[[Page 2873]]
ADDRESSES City of Biloxi Maps are available for inspection at Floodplain Management, 676 Dr. Martin Luther King Boulevard, Biloxi, MS 39533.
City of D'Iberville Maps are available for inspection at 10383 Automall Parkway, D'Iberville, MS 39540.
City of Gulfport Maps are available for inspection at Department of Urban Development-Building Codes Services, 2200 15th Street, Trailer B-5, Gulfport, MS 39501.
City of Long Beach Maps are available for inspection at Building Code Office, 645 Klondike Road, Long Beach, MS 39560.
City of Pass Christian Maps are available for inspection at Building Code Office, 203 Fleitas Avenue, Pass Christian, MS 39571.
Unincorporated Areas of Harrison County Maps are available for inspection at County Code Office, 15309 Community Road, Gulfport, MS 39503.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: January 3, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-724 Filed 1-15-08; 8:45 am]
BILLING CODE 9110-12-P
