[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Proposed Rules]
[Page 61850-61854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-20]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[ Docket No. FEMA-B-7742 & FEMA-D-7828]
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 30, 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-7742, 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:
[[Page 61851]]
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)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation** ground
--------------------------
Effective Modified
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Riverside County, California and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Colorado River...................... At the downstream None + 244 Colorado River Indian
corporate limits of Tribe, Unincorporated
Riverside County. Areas of Riverside
County.
At the upstream None + 338
corporate limits of
Riverside County.
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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 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.
Colorado River Indian Tribe
Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker,
Arizona.
Unincorporated Areas of Riverside County
Maps are available for inspection at the Riverside County Flood Control District Office, 1995 Market Street,
Riverside, California.
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San Bernardino County, California and Incorporated Areas
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Colorado River...................... At the downstream None + 338 City of Needles,
corporate limits of Colorado River Indian
San Bernardino County. Tribe, Fort Mojave
Indian Tribe,
Unincorporated Areas
of San Bernardino.
At the upstream None + 485
corporate limits of
San Bernardino County.
Hooke Creek......................... At confluence with Fern None + 4,877 Unincorporated Areas of
Canyon. San Bernardino County.
Approximately 500 feet None + 5,238
upstream of Hooke 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 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.
City of Needles
Maps are available for inspection at the Needles City Hall, 817 Third Street, Needles, California.
Colorado River Indian Tribe
Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker,
Arizona.
Fort Mojave Indian Tribe
Maps are available for inspection at the Mohave Indian Tribal Offices, 500 Merriman Avenue, Needles, California.
Unincorporated Areas of San Bernardino County
Maps are available for inspection at the San Bernardino County Public Works Department, 825 East Third Street,
San Bernardino, California.
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Monroe County, New York, and Incorporated Areas
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East Branch......................... At Northbridge Road.... + 379 + 380 Town of Greece.
Larkin Creek........................ Approximately 1,440 None +456
feet upstream of St.
Andrews Dam.
East Branch Red Creek............... At confluence with +525 +523 Town of Henrietta.
Middle Branch Red
Creek.
Approximately 2,400 +570 +572
feet upstream of Erie
Station Road.
East Branch Round Pond Creek........ At Ridgeway Road....... +474 +472 Town of Greece.
[[Page 61852]]
Approximately 2,900 +511 +515
feet upstream of Long
Pond Road.
East Branch Shipbuilders Creek...... At Railroad............ +321 +328 Town of Webster.
Approximately 1,800 +426 +430
feet upstream of Dirt
Track.
East Branch Tributary Red Creek..... At confluence with East +529 +530 Town of Henrietta.
Branch Red Creek.
Approximately 150 feet +575 +574
upstream of East
Henrietta Road.
East Stem Middle Branch Red Creek... At confluence with +525 +524 Town of Henrietta.
Middle Branch Red
Creek and West Stem
Middle Branch Red
Creek.
Approximately 150 feet +579 +578
upstream of Erie
Station Road.
Irondequoit Creek Reach 1........... Approximately 387 feet None +357 Village of East
downstream of Linden Rochester, Town of
Avenue. Perinton.
Approximately 1,600 None +380
feet upstream of
Ontario Street.
Larkin Creek........................ At approximately 20 +253 +255 Town of Greece, Town of
feet upstream of Lake Ogden.
Ontario State Parkway.
Approximately 430 feet None +464
upstream of Black
Forest Drive in Town
of Ogden.
Middle Branch Red Creek............. At confluence with Red +525 +523 Town of Henrietta.
Creek and East Branch
Red Creek.
At confluence with East +525 +524
and West Stem Middle
Branch Red Creek.
Northrup Creek...................... At Flynn Road.......... +250 +249 Town of Greece, Town of
Ogden, Town of Parma,
Village of
Spencerport.
Approximately 612 feet None +593
upstream of Wood Duck
Run.
Red Creek........................... At confluence with Erie +517 +514 Town of Henrietta, City
Canal. of Rochester, Town of
Brighton.
At confluence with +525 +523
Middle and East Branch
Red Creek.
Round Pond Creek Reach 1............ At Island Cottage Road. +256 +257 Town of Greece.
Approximately 4,400 +459 +461
feet downstream of
Flood Control Dam.
South Stem East Branch Tributary Red At confluence with East +554 +553 Town of Henrietta.
Creek. Branch Tributary Red
Creek.
Approximately 42 feet +575 +582
upstream of East
Henrietta Road.
West Branch Red Creek............... At confluence with Red +520 +518 City of Rochester, Town
Creek. of Brighton.
At Bridge to Park Dump. +520 +519
West Stem Middle Branch Red Creek... At confluence with +525 +524 Town of Henrietta.
Middle Branch Red
Creek and East Stem
Middle Branch Red
Creek.
Approximately 270 feet +560 +563
upstream of Erie
Station 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 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 Rochester
Maps are available for inspection at Rochester City Hall, 30 Church Street, Rochester, NY.
Town of Brighton
Maps are available for inspection at Brighton Town Hall, 2300 Elmwood Avenue, Rochester, NY.
Town of Greece
Maps are available for inspection at Greece Town Hall, 1 Vince Tofany Boulevard, Greece, NY.
Town of Henrietta...............................................................................................
Maps are available for inspection at Henrietta Town Hall, 475 Calkins Road, Henrietta, NY.
Town of Ogden
Maps are available for inspection at Ogden Town Hall, 269 Ogden Center Road, Spencerport, NY.
Town of Parma
Maps are available for inspection at Parma Town Hall, 1300 Hilton-Parma Corners Road, Hilton, NY.
[[Page 61853]]
Town of Perinton
Maps are available for inspection at Perinton Town Hall, 1350 Turk Hill Road, Fairport, NY.
Town of Webster
Maps are available for inspection at Webster Town Hall, 1000 Ridge Road, Webster, NY.
Village of East Rochester
Maps are available for inspection at East Rochester Village Hall, 120 West Commercial Street, East Rochester,
NY.
Village of Spencerport
Maps are available for inspection at Spencerport Village Building Department, 269 Ogden Center Road,
Spencerport, NY.
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Carroll County, Virginia, and Incorporated Areas
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Chestnut Creek...................... Approximately 2450 feet None +2298 Unincorporated Areas of
downstream of Carroll County.
Cliffview Road.
Approximately 7500 feet None +2332
upstream of Cliffview
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 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 Carroll County
Maps are available for inspection at Building Officials Office, 605-1 Pine Street, Hillsville, VA 24343.
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Grayson County, Virginia, and Incorporated Areas
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Chestnut Creek...................... Near Sewage Treatment None +2332 Unincorporated Areas of
Plant, just upstream Grayson County.
of County Boundary.
Near Sewage Treatment None +2335
Plant, approximately
375 feet downstream of
old Railroad Bridge.
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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 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 Grayson County
Maps are available for inspection at County Administrators Office, 129 Davis Street, Independence, VA 24348.
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None County, Virginia, and Incorporated Areas
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Chestnut Creek...................... Just upstream of None +2308 City of Galax.
Cliffview Road.
Approximately 7500 feet None +2332 .......................
upstream of Cliffview
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 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 Galax
Maps are available for inspection at Galax Municipal Building, 111 East Grayson Street, Galax, VA 24333.
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[[Page 61854]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: October 24, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E7-21540 Filed 10-31-07; 8:45 am]
BILLING CODE 9110-12-P