FR Doc E8-8324

[Federal Register: April 17, 2008 (Volume 73, Number 75)]
[Proposed Rules]
[Page 20890-20894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap08-26]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7771]

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 Maps
(FIRMs) 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-7771, 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

[[Page 20891]]

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:

----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet (above Communities affected
elevation** ground)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Habersham County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Soquee River Tributary.............. Approximately 770 feet +1307 +1308 City of Clarkesville.
upstream of confluence
with Soquee River.
Approximately 380 feet +1307 +1308
downstream of State
Highway 385/Alternate
17/U.S. Highway 441
Business/Grant 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 Clarkesville
Maps are available for inspection at City Hall, 210 East Water Street, Clarkesville, GA 30523.
----------------------------------------------------------------------------------------------------------------
Iberia Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Petite Anse-Deblanc Coulee- Approximately 300 ft None +10 Unincorporated Areas of
Segura Branch. upstream of U.S. 90 Iberia Parish.
eastbound..
Approximately 300 ft +11 +12
downstream of Southern
Pacific RR.
Commercial Canal.................... Approximately 300 ft +9 +10 Unincorporated Areas of
downstream of Southern Iberia Parish, City of
Pacific RR. New Iberia.
Approximately 450 ft None +11
upstream of Admiral
Doyle Drive..
Duboin Canal........................ Approximately 3,000 ft None +11 Unincorporated Areas of
downstream of Admiral Iberia Parish, City of
Doyle Drive. New Iberia.
Intersection with None +16
Adrian St.
Jacks Coulee........................ Approximately 300 ft None +10 Unincorporated Areas of
downstream of Weeks Iberia Parish.
Island Road.
Approximately 300 ft None +11
upstream of U.S. Hwy
90.
Jefferson Canal..................... Approximately 300 ft None +3 Unincorporated Areas of
downstream of Southern Iberia Parish.
Pacific RR.
Approximately 100 ft None +6
upstream of Jefferson
Island Road.
Little Valley Bayou................. Approximately 300 ft None +9 Unincorporated Areas of
downstream of Iberia Parish.
Patoutville Road..
Approximately 600 ft None +11
upstream of Smith Road.
Peebles Coulee...................... Approximately 3,250 ft None +12 Unincorporated Areas of
upstream of J. Allen Iberia Parish, City of
Daigre Drive. New Iberia.
Approximately 300 ft +10 +12
downstream of Weeks
Island Road.
Poufette Canal--Bayou Petite Anse- Approximately 100 ft None +10 Unincorporated Areas of
Segura Branch. upstream of Norris Iberia Parish.
Road.

[[Page 20892]]

Approximately 300 ft +11 +13
downstream of Southern
Pacific RR.
Rodere Canal........................ Approximately 300 ft +9 +12 Unincorporated Areas of
downstream of Southern Iberia Parish, City of
Pacific RR. New Iberia.
Approximately 2,900 ft None +14
upstream of Center
Street.
Tete Bayou.......................... Approximately 500 ft None +13 Unincorporated Areas of
downstream of LA 3195. Iberia Parish, City of
New Iberia.
Approximately 250 feet None +15
downstream of N. Lewis
St..
----------------------------------------------------------------------------------------------------------------
* 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 New Iberia
Maps are available for inspection at 457 E. Main St, New Iberia, LA 70560.

Unincorporated Areas of Iberia Parish
Maps are available for inspection at 209 W. Main St., Suite 102, New Iberia, LA 70560.
----------------------------------------------------------------------------------------------------------------
Livingston Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Maurepas--Entire Shoreline..... Highest elevation None +9 Unincorporated Areas of
approximately 40,800 Livingston Parish.
feet south of
confluence with Amite
River.
Highest elevation at None +10
confluence with
Tickfaw River.
----------------------------------------------------------------------------------------------------------------
* 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 Livingston Parish
Maps are available for inspection at 29261 Frost Rd., Livingston, LA 70754.
----------------------------------------------------------------------------------------------------------------
Davidson County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Brush Fork Tributary 1....... At the confluence with None +748 Town of Midway,
Little Brushy Fork. Unincorporated Areas
of Davidson County.
Approximately 0.7 mile None +781
upstream of the
confluence of Little
Brushy Fork Tributary
1A.
Little Brushy Fork.................. At the confluence with None +732 Town of Midway,
Brushy Fork. Unincorporated Areas
of Davidson County.
Approximately 1.8 miles None +861
upstream of Tom
Livengood Road (State
Road 1719).
Little Brushy Fork Tributary 1A..... At the confluence with None +757 Town of Midway,
Little Brushy Fork Unincorporated Areas
Tributary 1. of Davidson County.
Approximately 2,000 None +786
feet upstream of
Garden Valley Drive.
Miller Creek........................ At the confluence with None +690 Town of Midway.
Muddy Creek.
Approximately 250 feet +810 +811
upstream of North
Payne Road (State Road
1510).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

[[Page 20893]]

**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
Town of Midway
Maps are available for inspection at Midway Town Hall, 125 Gum Tree Road, Midway, NC.

Unincorporated Areas of Davidson County
Maps are available for inspection at Davidson County Governmental Center, Planning and Zoning Department, 913
Greensboro Street, Lexington, NC.
----------------------------------------------------------------------------------------------------------------
Mercer County, North Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Antelope Creek...................... 100 feet Upstream from +1743 +1745 Mercer County, City of
Mercer County Road 18/ Hazen.
53rd Ave. SW.
100 feet Upstream from +1756 +1757
Walk Bridge on
Abandoned BNSF Railway
Grade.
Antelope Creek Split................ 100 feet Upstream from None +1754 Mercer County, City of
BNSF Railway Bridge. Hazen.
200 feet Upstream from None +1758
13th Ave. W..
East Tributary Reach 1..... 100 feet Downstream None +1806 City of Beulah.
from Roll Drive.
100 feet Downstream None +1840
from Beulah Dam.
East Tributary Reach 2..... 100 feet Upstream from +1780 +1781 City of Beulah.
BNSF Railway Bridge.
100 feet Upstream from +1792 +1795
Beulah Eagle Road.
North Tributary..................... Confluence with East None +1797 Mercer County, City of
Tributary. Beulah.
100 feet Upstream from None +1819
Seventh St..
Upstream Hazen Tributary............ 100 feet Upstream from +1754 +1753 City of Hazen.
the Confluence with
Antelope Creek.
1000 feet Upstream from +1754 +1753
the Confluence with
Antelope Creek.
West Hazen Tributary................ 100 feet Upstream from +1748 +1750 City of Hazen.
Confluence with
Antelope Creek.
200 feet Upstream from None +1764
Divide 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 Beulah
Maps are available for inspection at 120 Central Avenue North, Beulah, ND 58523.

City of Hazen
Maps are available for inspection at 146 Main St. E., Hazen, ND 58545.

Mercer County
Maps are available for inspection at 1021 Arthur Street, Stanton, ND 58571-0039.
----------------------------------------------------------------------------------------------------------------
Raleigh County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Soak Creek.......................... Approximately 100 feet None +2305 Unincorporated Areas of
downstream of State Raleigh County, Town
Route 29. of Sophia.
Approximately 80 feet None +2328
upstream of McKinney
Hollow Road.
----------------------------------------------------------------------------------------------------------------
* 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 20894]]

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
Town of Sophia
Maps are available for inspection at Sophia Town Hall, 100 East Railroad Avenue, Sophia, WV 25921.

Unincorporated Areas of Raleigh County
Maps are available for inspection at Raleigh County Commission Building, 116 \1/2\ North Heber Street, Beckley,
WV 25801.
----------------------------------------------------------------------------------------------------------------

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

Dated: March 31, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E8-8324 Filed 4-16-08; 8:45 am]

BILLING CODE 9110-12-P