Proposed Flood Elevation Determinations

Federal Register: April 17, 2008 (Volume 73, Number 75)

Proposed Rules

Page 20894-20900

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

DOCID:fr17ap08-27

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-7773

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 July 16, 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-7773, 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.

Page 20895

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)

State

City/town/county

Source of flooding

Location**

Depth in feet above ground

Existing

Modified

City of Brookport, Illinois

Illinois............................. City of Brookport....... Ohio River............................... Approximately 2,460 feet upstream of U.S. Highway 45......

None

*339

Approximately 3,680 feet downstream of U.S. Highway 45....

None

*339

* 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 Brookport

Maps are available for inspection at City Hall, 209 Ohio Street, City of Brookport, IL 62910.

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Flooding source(s)

Location of referenced

Depth in feet above

Communities affected elevation**

ground

Effective

Modified

Bay County, Florida, and Incorporated Areas

Beefwood Branch..................... At the confluence with

None

+24 City of Panama City,

Bayou George.

Unincorporated Areas of Bay County.

Approximately 19,900

None

+62 feet upstream of the confluence with Bayou

George.

Big Branch.......................... At the confluence with

None

+27 City of Panama City,

Bayou George.

Unincorporated Areas of Bay County.

Approximately 24,800

None

+60 feet upstream of the confluence with Bayou

George.

Dry Branch.......................... Approximately 615 feet

None

+10 Town of Cedar Grove, upstream of the

Unincorporated Areas confluence with Bayou

of Bay County.

George.

Approximately 800 feet

None

+11 downstream of Highway 231.

Hammock Branch...................... At the confluence with

None

+23 City of Panama City,

Bayou George.

Unincorporated Areas of Bay County.

Approximately 25,000

None

+50 feet upstream of the confluence with Bayou

George.

Island Branch....................... At the confluence with

None

+30 City of Panama City,

Bayou George.

Unincorporated Areas of Bay County.

Approximately 16,900

None

+59 feet upstream of the confluence with Bayou

George.

Unnamed Tributary 1 to Bayou George. Approximately 650 feet

None

+16 City of Panama City, upstream of the

Unincorporated Areas confluence with Bayou

of Bay County.

George.

Approximately 1,400

None

+50 feet upstream of

Nadine Road.

Page 20896

Unnamed Tributary 10 to Bayou George At the confluence with

None

+37 City of Panama City,

Bayou George.

Unincorporated Areas of Bay County.

Approximately 3,900

None

+50 feet upstream of the confluence with Bayou

George.

Unnamed Tributary 11 to Bayou George At the confluence with

None

+57 Unincorporated Areas of

Bayou George.

Bay County.

Approximately 8,600

None

+64 feet upstream of the confluence with Bayou

George.

Unnamed Tributary 2 to Bayou George. Approximately 420 feet

None

+25 City of Panama City, upstream of the

Unincorporated Areas confluence with Bayou

of Bay County.

George.

Approximately 2,170

None

+47 feet upstream of John

Pitts Road.

Unnamed Tributary 3 to Bayou George. Approximately 400 feet

None

+23 City of Panama City, upstream of the

Unincorporated Areas confluence with Bayou

of Bay County.

George.

Approximately 5,500

None

+56 feet upstream of John

Pitts Road.

Unnamed Tributary 4 to Bayou George. Approximately 315 feet

None

+31 Town of Cedar Grove, upstream of the

City of Panama City, confluence with Bayou

Unincorporated Areas

George.

of Bay County.

Approximately 7,780

None

+56 feet upstream of John

Pitts Road.

Unnamed Tributary 5 to Bayou George. Approximately 560 feet

None

+25 Town of Cedar Grove, upstream of the

Unincorporated Areas confluence with Bayou

of Bay County.

George.

Approximately 1,200

None

+43 feet upstream of Bayou

George Drive.

Unnamed Tributary 6 to Bayou George. Approximately 125 feet

None

+38 Unincorporated Areas of upstream of the

Bay County. confluence with Bayou

George.

Approximately 1,400

None

+38 feet upstream of the confluence with Bayou

George.

Unnamed Tributary 7 to Bayou George. At John Pitts Road.....

None

+19 City of Panama City,

Unincorporated Areas of Bay County.

Approximately 7,500

None

+54 feet upstream of Old

Majette Tower Road.

Unnamed Tributary 8 to Bayou George. At the confluence with

None

+23 City of Panama City,

Bayou George.

Unincorporated Areas of Bay County.

Approximately 6,700

None

+46 feet upstream of the confluence with Bayou

George.

Unnamed Tributary 9 to Bayou George. At the confluence with

None

+24 City of Panama City.

Bayou George.

Approximately 1,800

None

+35 feet upstream of the confluence with Bayou

George.

Water Branch........................ At the confluence with

None

+47 Unincorporated Areas of

Bayou George.

Bay County.

Approximately 22,000

None

+60 feet upstream of the confluence with Bayou

George.

White Bucky Branch.................. Approximately 900 feet

None

+26 City of Panama City, upstream of the

Unincorporated Areas confluence with Bayou

of Bay County.

George.

Approximately 9,000

None

+54 feet upstream of the confluence with Bayou

George.

* 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.

Page 20897

ADDRESSES

City of Panama City

Maps are available for inspection at Panama City Hall, Engineering Department, 9 Harrison Avenue, Panama City,

FL.

Town of Cedar Grove

Maps are available for inspection at Cedar Grove Town Hall, 2728 East 14th Street, Cedar Grove, FL.

Unincorporated Areas of Bay County

Maps are available for inspection at Bay County Planning and Zoning Department, 707 Jenks Avenue, Suite B,

Panama City, FL.

Washington County, Idaho, and Incorporated Areas

Monroe Creek........................ Approximately 350 feet

None

+2108 City of Weiser. downstream of Union

Pacific Railroad.

Approximately 50 feet

None

+2125 downstream of Park

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 Weiser

Maps are available for inspection at 55 West Idaho Street, Wieser, ID 83672.

Vermilion Parish, Louisiana, and Incorporated Areas

Gulf of Mexico...................... Confluence of Gulf of

+14

+15 Unincorporated Areas of

Mexico and Vermilion

Vermilion Parish.

Bay.

Entire coastline east

+15

+17 of intersection with

Rollover Bayou.

Vermilion Bay....................... Divergence with Gulf of

+15

+14 Unincorporated Areas of

Mexico.

Vermilion Parish.

Confluence with Gulf of

+14

+15

Mexico.

* 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 Vermilion Parish

Maps are available for inspection at 100 N. State St., Suite 200, Abberville, LA 70510.

Renville County, Minnesota, and Incorporated Areas

Minnesota River..................... Approximately 4,850

+818

+819 City of Franklin, City feet downstream of the

of Morton,

Nicollet County

Unincorporated Areas

Boundary.

of Renville County.

Approximately 4,600

+882

+883 feet upstream of the

Chippewa County

Boundary.

* 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 Franklin

Page 20898

Maps are available for inspection at City Hall, 320 Second Avenue East, Franklin, MN 55333.

City of Morton

Maps are available for inspection at City Hall, 221 West 2nd Street, Morton, MN 56270.

Unincorporated Areas of Renville County

Maps are available for inspection at Renville County Office Building, 105 South 5th Street, Room 311, Olivia, MN 56277.

Lee County, Mississippi, and Incorporated Areas

Campbelltown Creek.................. Approximately 375 feet

None

+340 City of Baldwyn, upstream of State

Unincorporated Areas

Highway 145.

of Lee County.

Approximately 4,802

None

+359 feet upstream of

County Road 2790.

Chiwapa Creek....................... Approximately 3,480

None

+269 Unincorporated Areas of feet upstream of the

Lee County. confluence with

Chiwapa Creek

Tributary 15.

Approximately 3,180

None

+274 feet upstream of the confluence with

Chiwapa Creek

Tributary 16.

Coonewah Creek...................... At Interstate 45.......

None

+242 Unincorporated Areas of

Lee County, Town of

Shannon.

Approximately 6,220

None

+252 feet upstream of State

Highway 145.

Coonewah Creek Tributary 3.......... Approximately 1,210

None

+254 Unincorporated Areas of feet downstream of

Lee County.

County Road 484.

Approximately 620 feet

None

+266 upstream of County

Road 520.

Euclatubba Creek.................... At the confluence of

None

+280 Unincorporated Areas of

Mud Creek.

Lee County, Town of

Saltillo.

Approximately 1,990

None

+302 feet upstream of State

Highway 145.

Mud Creek........................... Approximately 4,465

+265

+266 Unincorporated Areas of feet downstream of

Lee County, City of

Interstate 78.

Tupelo, Town of

Saltillo.

Approximately 80 feet

None

+289 upstream of County

Road 681.

Reeds Branch........................ Approximately 2,410

None

+269 Unincorporated Areas of feet downstream of

Lee County. confluence with Reeds

Branch Tributary 1.

Approximately 1,565

None

+302 feet upstream of

County Road 900.

Sand Creek.......................... At the confluence with

None

+280 Unincorporated Areas of

Mud Creek.

Lee County, Town of

Saltillo.

At State Highway 363...

None

+307

Sand Creek Tributary 1.............. At the confluence of

None

+299 Unincorporated Areas of

Sand Creek.

Lee County, Town of

Saltillo.

Approximately 2,190

None

+326 feet upstream of

Fellowship Road.

Sand Creek Tributary 2.............. At the confluence of

None

+304 Town of Saltillo.

Sand Creek.

Approximately 6,890

None

+343 feet upstream of confluence with Sand

Creek.

Town Creek.......................... Approximately 1,575

+256

+257 City of Tupelo, feet downstream of the

Unincorporated Areas confluence with Kings

of Lee County.

Creek.

Approximately 2,500

None

+279 feet upstream of Mount

Vernon Road.

Approximately 1,070

None

+291 feet downstream of confluence of Town

Creek Tributary 9.

At Lee/Pontotoc county

None

+328 boundary.

Town Creek Tributary 1.............. Approximately 1,900

None

+226 Unincorporated Areas of feet downstream from

Lee County, Town of railroad.

Nettleton.

Approximately 1,080

None

+238 feet upstream of railroad.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

Page 20899

** 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 Baldwyn

Maps are available for inspection at Baldwyn City Hall, 202 South Second Street, Baldwyn, MS 38824.

City of Tupelo

Maps are available for inspection at Tupelo Planning Department, Tupelo City Hall, 117 North Broadway, 2nd

Floor, MS 38802.

Town of Nettleton

Maps are available for inspection at Nettleton Town Hall, 124 Short Street, Nettleton, MS 38858.

Town of Saltillo

Maps are available for inspection at 205 South Second Street, Saltillo, MS 38866.

Town of Shannon

Maps are available for inspection at Shannon Town Hall, 1426 North Street, Shannon, MS 38868.

Unincorporated Areas of Lee County

Maps are available for inspection at Lee County Courthouse, 201 West Jefferson, Suite A, Tupelo, MS 38801.

Summit County, Ohio, and Incorporated Areas

Brandywine Creek.................... Approximately 2,700

None

+649 Unincorporated Areas of feet above confluence

Summit County, City of with Cuyahoga River.

Macedonia, Village of

Boston Heights,

Village of Hudson.

Approximately 100 feet

None

+1093 upstream Ashley Drive.

Brandywine Creek Tributary.......... Approximately 500 feet

+1034

+1033 Village of Hudson. downstream of Prospect

Street.

Approximately 900 feet

+1061

+1070 upstream of Ravenna

Street.

Brandywine Creek Tributary 5........ At confluence with

+966

+965 City of Macedonia.

Brandywine Creek.

Approximately 2,200

None

+969 feet above confluence with Brandywine Creek.

Brandywine Creek Tributary Overflow. Approximately 450 feet

None

+1025 Village of Hudson. above Boston Mills

Road.

Approximately 100 feet

None

+1053 downstream from divergence from

Brandywine Creek

Tributary.

Indian Creek........................ At confluence with

+965

+959 Unincorporated Areas of

Brandywine Creek.

Summit County, City of

Macedonia.

Approximately 3,700

+1032

+1031 feet upstream of Ledge

Road.

Indian Creek Tributary 3............ At confluence with

+1011

+1010 City of Macedonia.

Indian Creek.

Approximately 1,700

+1019

+1016 feet upstream of Ledge

Road.

Indian Creek Tributary 4............ Mouth at Indian Creek..

+978

+977 City of Macedonia.

Approximately 760 feet

None

+986 upstream of Bedford

Road.

Mud Brook........................... At mouth at Cuyahoga

None

+748 City of Akron, City of

River.

Cuyahoga Falls, City of Stow, Village of

Hudson.

Approximately 3,400

None

+999 feet upstream of

Streetsboro Road.

Mud Brook Tributary 1............... At confluence with Mud

+989

+985 City of Stow.

Brook.

Approximately 2,480

None

+988 feet upstream of

Hudson Street.

Mud Brook Tributary 1B.............. At confluence with Mud

None

+986 Village of Silver Lake,

Brook Tributary 1.

City of Stow.

Approximately 100 feet

+994

+999 upstream of Carter

Lumber Drive.

Mud Brook Tributary 3............... Approximately 1,300

+993

+991 City of Stow. feet downstream of

Allen Road.

Approximately 700 feet

+1003

+1006 upstream of Allen Road.

North Fork Yellow Creek............. Just downstream of

+911

+913 Unincorporated Areas of

Granger Road.

Summit County.

Approximately 75 feet

None

+951 upstream of Bath Road.

North Fork Yellow Creek Tributary... Approximately 100 feet

+924

+923 Unincorporated Areas of above confluence with

Summit County.

North Fork Yellow

Creek.

Approximately 100 feet

None

+977 upstream of Bath Road.

Page 20900

Powers Brook........................ Approximately 100 feet

None

+1001 Village of Hudson, City downstream of Railroad.

of Stow.

Approximately 100 feet

None

+1074 upstream of Norton

Road.

Powers Brook Tributary 2............ At confluence with

+1049

+1051 City of Stow.

Powers Brook.

Approximately 1,120

None

+1058 feet upstream of Stow

Road.

Yellow Creek........................ Approximately 550 feet

+734

+735 Unincorporated Areas of downstream of

Summit County, City of

Riverview Road.

Akron, City of

Cuyahoga Falls.

Approximately 50 feet

None

+1066 upstream of Medina

Line Road.

Yellow Creek Overflow............... Approximately 70 feet

None

+1039 Unincorporated Areas of above confluence with

Summit County.

Yellow Creek.

Approximately 1,600

None

+1050 feet above confluence with Yellow Creek.

* 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 Akron

Maps are available for inspection at 166 South High Street, Suite 100, Akron, OH 44308.

City of Cuyahoga Falls

Maps are available for inspection at 2310 Second Street, Cuyahoga Falls, OH 44221.

City of Macedonia

Maps are available for inspection at 9691 Valley View Road, Macedonia, OH 44056.

City of Stow

Maps are available for inspection at 3760 Darrow Road, Stow, OH 44224.

Unincorporated Areas of Summit County

Maps are available for inspection at 1030 East Tallmadge Avenue, Akron, OH 44310.

Village of Boston Heights

Maps are available for inspection at 5595 Transportation Boulevard, Suite 100, Hudson, OH 44236.

Village of Hudson

Maps are available for inspection at 27 East Main Street, Hudson, OH 44236.

Village of Silver Lake

Maps are available for inspection at 2961 Kent Road, Silver Lake, OH 44224.

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

Insurance.'')

Dated: April 7, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance

Program, Department of Homeland Security, Federal Emergency Management

Agency.

FR Doc. E8-8323 Filed 4-16-08; 8:45 am

BILLING CODE 9110-12-P

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