Proposed Flood Elevation Determinations

Federal Register: February 22, 2008 (Volume 73, Number 36)

Proposed Rules

Page 9750-9754

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

DOCID:fr22fe08-19

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-7762

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 May 22, 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-7762, 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

(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:

Page 9751

* 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 Siskiyou County, California

California.................... Unincorporated

Panther Creek

Shallow flooding

None 1

Areas of

(Shallow

areas between

Siskiyou County. Flooding).

Squaw Valley

Creek and

McCloud River

Railroad.

Shallow flooding

None 3 areas between

Squaw Valley

Creek and

McLoud River

Railroad.

California.................... Unincorporated

Squaw Valley

At the

None

* 3090

Areas of

Creek.

downstream side

Siskiyou County.

of Cemetery

Road.

Approximately

None

* 3400 100 feet upstream of

McCloud River

Railroad.

California.................... Unincorporated

Squaw Valley

Shallow flooding

None 1

Areas of

Creek (Shallow

areas between

Siskiyou County. Flooding).

Cemetery Road and McCloud

River Railroad.

Shallow flooding

None 3 areas between

Cemetery Road and McCloud

River 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.

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 Siskiyou County

Maps are available for inspection at the Siskiyou County Planning Department, 305 Butte Street, Yreka, CA.

Unincorporated Areas of Trinity County, California

California.................... Unincorporated

Carter Gulch..... At the

* 2319

* 2304

Areas of Trinity

confluence with

County.

Hayfork Creek.

Approximately

None

* 2340 960 feet upstream of

Highway 3.

California.................... Unincorporated

Ewing Gulch...... At the

* 2321

* 2305

Areas of Trinity

confluence with

County.

Hayfork Creek.

Approximately

None

* 2343 780 feet upstream of

State Highway 3.

California.................... Unincorporated

Hayfork Creek.... Approximately

None

* 2280

Areas of Trinity

260 feet

County.

downstream of the confluence of Salt Creek.

Approximately

None

* 2322 300 feet upstream of Oak

Avenue.

California.................... Unincorporated

Kellogg Gulch.... At the

* 2317

* 2302

Areas of Trinity

confluence with

County.

Hayfork Creek.

Approximately

None

2343 980 feet upstream of

State Highway 3.

* 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

Unincorporated Areas of Trinity County

Maps are available for inspection at the Trinity County Planning Department and Planning Commission, 60 Glen

Road, Weaverville, CA.

Page 9752

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Flooding source(s)

Location of referenced

Depth in feet above

Communities affected elevation**

ground

Effective

Modified

Tehama County, California, and Incorporated Areas

Grasshopper Creek................... Approximately 1,500

None

*275 Unincorporated Areas of feet upstream of the

Tehama County, City of confluence with Red

Red Bluff.

Bank Creek.

Approximately 0.4 mile

None

*312 ....................... upstream of South

Jackson Street.

Highway 99W Overflow................ Approximately 150 feet

None

*282 Unincorporated Areas of upstream of the

Tehama County. confluence witih Red

Bank Creek.

Approximately 0.5 mile

None

*291 upstream of the confluence with Red

Bank Creek.

Spyglass Drive Overflow............. At the confluence with

None

*300 City of Red Bluff.

Grasshopper Creek.

At the upstream side of

None

*308

South Jackson Street.

* 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 Red Bluff

Maps are available for inspection at Red Bluff City Hall, 555 Washington Street, Red Bluff, CA.

Unincorporated Areas of Tehama County

Maps are available for inspection at Tehama County Planning Department, 444 Oak Street, Red Bluff, CA.

Tippecanoe County, Indiana, and Incorporated Areas

Cole Ditch.......................... At its confluence with

None

+627 Unincorporated Areas of

Burnett Creek.

Tippecanoe County.

Approximately 4,000

None

+669 ....................... feet upstream of

County Road 150.

Cole Ditch Unnamed Tributary 1...... At its confluence with

None

+647 Unincorporated Areas of

Cole Ditch.

Tippecanoe County,

City of West

Lafayette.

Approximately 1,250

None

+694 ....................... feet upstream of

Kalberger Road.

Cole Ditch Unnamed Tributary 2...... At its confluence with

None

+628 Unincorporated Areas of

Cole Ditch.

Tippecanoe County.

Approximately 1,340

None

+655 ....................... feet upstream of

County Road 500.

Cuppy Ditch......................... At its confluence with

None

+649 Unincorporated Areas of

Cole Ditch.

Tippecanoe County.

Approximately 50 feet

None

+655 ....................... upstream of Morehouse

Road.

East Branch Wea Creek............... At its confluence with

None

+684 Unincorporated Areas of

Wea Creek.

Tippecanoe County.

Approximately 50 feet

None

+756 ....................... upstream of County

Road 500.

Indian Creek........................ Approximately 2,900

None

+631 Unincorporated Areas of feet downstream of

Tippecanoe County.

County Road 400.

Approximately 1,775

None

+654 ....................... feet upstream of U.S.

Highway 52.

Tippecanoe River.................... At its confluence with

None

+538 Unincorporated Areas of the Wabash River.

Tippecanoe County.

At the County Boundary.

None

+544

* 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 West Lafayette

Page 9753

Maps are available for inspection at Area Plan Commission of Tippecanoe County, 20 North Third Street,

Lafayette, IN 47901.

Unincorporated Areas of Tippecanoe County

Maps are available for inspection at Area Plan Commission of Tippecanoe County, 20 North Third Street,

Lafayette, IN 47901.

Camden County, New Jersey, and Incorporated Areas

Mason Run........................... At a point located

+19

+20 Borough of Lindenwold, approximately 1,700

Borough of Pine Hill, feet upstream of the

Township of confluence with North

Gloucester.

Branch Big Timber

Creek.

At a point located

None

+35 ....................... approximately 100 feet upstream of Blackwood-

Clementon Road/County

Route 534.

North Branch Big Timber Creek....... At a point

+19

+18 Borough of Clementon, approximately 400 feet

Borough of Laurel upstream from the

Springs, Borough of confluence of Mason

Lindenwold, Borough of

Run.

Stratford.

At a point located

None

+43 approximately 2,240 feet upstream of East

Atlantic Avenue/State

Route 727.

* 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

Borough of Clementon

Maps are available for inspection at Clementon Borough Hall, 101 Gibbsboro Road, Clementon, NJ.

Borough of Laurel Springs

Maps are available for inspection at Laurel Springs Borough Hall, 135 Broadway Avenue, Laurel Springs, NJ.

Borough of Lindenwold

Maps are available for inspection at Lindenwold Borough Construction Office, 2001 Egg Harbor Road, Lindenwold,

NJ.

Borough of Pine Hill

Maps are available for inspection at Pine Hill Borough Hall, 45 West 7th Avenue, Pine Hill, NJ.

Borough of Stratford

Maps are available for inspection at Stratford Borough Hall, 307 Union Avenue, Stratford, NJ.

Township of Gloucester

Maps are available for inspection at Township of Gloucester Municipal Building, 1261 Chews Landing Road,

Blackwood, NJ.

Monmouth County, New Jersey, and Incorporated Areas

Manalapan Brook..................... At County boundary.....

+75

+76 Township of Manalapan,

Township of Millstone.

Approximately 500 feet

None

+181 ....................... upstream of Moonlight

Court.

* 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 Manalapan

Maps are available for inspection at Manalapan Township Municipal Building, 120 Route 522, Manalapan, NJ.

Township of Millstone

Maps are available for inspection at Millstone Township Municipal Building, 470 Stagecoach Road, Millstone, NJ.

Page 9754

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

Insurance.'')

Dated: February 8, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance

Program, Department of Homeland Security, Federal Emergency Management

Agency.

FR Doc. E8-3366 Filed 2-21-08; 8:45 am

BILLING CODE 9110-12-P

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