[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Proposed Rules]
[Page 58615-58618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc07-39]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-7741]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
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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 January 14, 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-7741, to
William R. Blanton, Jr., Chief, Engineering Management Section,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Section, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
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.
[[Page 58616]]
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:
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*Elevation in feet
(NGVD) +Elevation in
feet (NAVD) < greek-
Flooding source(s) Location of referenced i>Depth in feet above Communities affected
elevation** ground
--------------------------
Effective Modified
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Orange County, New York, and Incorporated Areas
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Black Meadow Creek.................. At confluence with +378 +377 Town of Goshen.
Otter Kill.
Approximately 800 feet +378 +377
upstream of confluence
with Otter Kill.
Cold Brook.......................... Approximately 300 feet +439 +435 Town of Deer Park, City
downstream of Beach of Port Jervis.
Road.
At confluence with +438 +435
Neversink River.
Delaware River...................... At County boundary..... +425 +426 Town of Deer Park, City
of Port Jervis.
Approximately 645 feet +469 +470
upstream of Rail Road.
Monhagen Brook...................... Approximately 0.4 mile None +465 City of Middletown,
downstream of Abe Town of Wallkill, Town
Isseks Drive. of Wawayanda.
Approximately 1,200 None +606
feet upstream of Mt.
Hope Road.
Moodna Creek........................ Approximately 1,100 +259 +260 Town of Blooming Grove,
feet downstream of Town of Cornwall,
spillway at Towns of Village of
Blooming Grove and Washingtonville.
Cornwall corporate
limits.
At the confluence with +321 +319
Otter Kill and
Cromline Creek.
Neversink River..................... At the confluence with +425 +430 City of Port Jervis,
Delaware River. Town of Deer Park.
Approximately 275 feet +645 +649
upstream of Paradise
Road.
Otter Kill.......................... Approximately 1.2 miles +366 +365 Town of Goshen.
upstream of Sora Wells
Trail.
Approximately 1.4 miles None +470
upstream of State
Route 17.
Tributary 12........................ At the confluence with +368 +365 Town of Goshen.
Otter Kill.
Approximately 150 feet +397 +395
upstream of Craigville
Road.
Perry Creek......................... At the confluence with None +306 Town of Blooming Grove,
Moodna Creek. Village of
Washingtonville.
Approximately 500 feet None +537
upstream of Clove Road.
Pine Tree Brook..................... At confluence with +580 +582 Village of Monroe.
Ramapo River Reach 2.
Approximately 1,020 +581 +582
feet upstream of
confluence with Ramapo
River Reach 2.
Quaker Creek........................ Approximately 100 feet +399 +398 Village of Florida.
upstream of confluence
with Browns Creek.
Approximately 150 feet None +456
upstream of Roosevelt
Avenue.
Ramapo River Reach 2................ Approximately 2,150 None +518 Village of Harriman,
feet downstream of Town of Monroe, Town
Arden House Road. of Woodbury, Village
of Monroe.
Approximately 1.4 miles None +838
upstream of Reynolds
Road.
Tributary 1..................... At confluence with +522 +519 Village of Harriman,
Ramapo River Reach 2. Town of Woodbury.
Approximately 1,100 +522 +519
feet upstream of
Meadow Avenue.
[[Page 58617]]
Tributary 26.................... At confluence with +579 +581 Village of Monroe.
Ramapo River Reach 2.
Approximately 800 feet +580 +581
upstream of confluence
with Ramapo River
Reach 2.
Rio Grande.......................... Approximately 300 feet +411 +412 Town of Goshen, Village
downstream of State of Goshen.
Route 17.
Approximately 650 feet +433 +430
upstream of Greenwich
Avenue.
Tributary 4..................... At the confluence with None +427 Village of Goshen.
Rio Grande.
Approximately 2,160 None +440
feet upstream of
Scotchtown Road.
Satterly Creek...................... At the confluence with +314 +312 Town of Blooming Grove,
Moodna Creek. Village of
Washingtonville.
At the confluence of +344 +346
Satterly Creek
Tributary 5.
South Tributary to Wawayanda Creek.. At the confluence with +519 +521 Town of Warwick,
Wawayanda Creek. Village of Warwick.
Approximately 2 miles None +778
upstream of Galloway
Road.
Wallkill River Tributary 6.......... At the confluence with None +331 Town of Montgomery.
Wallkill River.
Approximately 1,800 None +392
feet upstream of State
Route 17.
Wawayanda Creek..................... Approximately 2,500 +506 +507 Village of Warwick,
feet downstream of Town of Warwick.
Howe Street.
Approximately 0.9 mile +521 +522
upstream of Forester
Avenue.
Woodbury Creek...................... At Creamery Hill Road.. +250 +251 Town of Cornwall, Town
of Woodbury.
Approximately 1,190 None +487
feet upstream of
Estrada Road.
Tributary 11.................... At the confluence with None +487 Town of Woodbury.
Woodbury Creek.
Approximately 2,700 None +772
feet upstream of
Dunderburg Road.
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* 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 includes BFEs located on the stream
reach between the two listed herein. Please check the Flood Insurance Rate Map (see below) for exact locations
of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
COMMUNITY NAME
City of Middletown
Maps are available for inspection at Middletown City Hall, 16 James Street, Middletown, NY.
City of Port Jervis
Maps are available for inspection at Port Jervis City Municipal Building, 14-20 Hammond Street, Port Jervis, NY.
Town of Blooming Grove
Maps are available for inspection at Blooming Grove Town Hall, 6 Horton Road, Blooming Grove, NY.
Town of Cornwall
Maps are available for inspection at Cornwall Town Hall, 183 Main Street, Cornwall, NY.
Town of Deer Park
Maps are available for inspection at Deer Park Town Building Inspector's Office, 420 Route 209, Hugenot, NY.
Town of Goshen
Maps are available for inspection at Goshen Town Hall, 41 Webster Street, NY.
Town of Monroe
Maps are available for inspection at Monroe Town Building Department, 11 Stage Road, Monroe, NY.
Town of Montgomery
Maps are available for inspection at Montgomery Town Hall, 110 Bracken Road, Montgomery, NY.
Town of Wallkill
Maps are available for inspection at Wallkill Town Hall, 99 Tower Drive, Middletown, NY.
Town of Warwick
Maps are available for inspection at Warwick Town Municipal Building, 132 Kings Highway, Warwick, NY.
Town of Wawayanda
Maps are available for inspection at Wawayanda Town Hall, 80 Ridgeberry Hill Road, Slate Hill, NY.
Town of Woodbury
Maps are available for inspection at Highlands Town Hall, 511 Route 32, Highland Mills, NY.
Village of Florida
Maps are available for inspection at Florida Village Hall, 33 South Main Street, Florida, NY.
[[Page 58618]]
Village of Goshen
Maps are available for inspection at Goshen Village Hall, 276 Main Street, Goshen, NY.
Village of Harriman
Maps are available for inspection at Harriman Village Hall, 1 Church Street, Harriman, NY.
Village of Monroe
Maps are available for inspection at Monroe Village Hall, 7 Stage Road, Monroe, NY.
Village of Warwick
Maps are available for inspection at Village Hall, 77 Main Street, Warwick, NY.
Village of Washingtonville
Maps are available for inspection at Washingtonville Village Hall, 29 West Main Street, Washingtonville, NY.
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[Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'']
Dated: October 10, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E7-20388 Filed 10-15-07; 8:45 am]
BILLING CODE 9110-12-P