[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Proposed Rules]
[Pages 35781-35784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12651]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-D-7530]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the 
proposed base (1% annual chance) flood elevations and proposed base 
flood elevation modifications for the communities listed below. The 
base flood elevations are the basis for the floodplain management 
measures that the community is required either to adopt or to show 
evidence of being already in effect in order to qualify or remain 
qualified for participation in the National Flood Insurance Program 
(NFIP).

DATES: The comment period is ninety (90) days following the second 
publication of this proposed rule in a newspaper of local circulation 
in each community.

ADDRESSES: The proposed base flood elevations for each community are 
available for inspection at the office of the Chief Executive Officer 
of each community. The respective addresses are listed in the following 
table.

[[Page 35782]]


FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-3461, or (e-mail) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA or Agency) proposes to make determinations of base flood 
elevations and modified base flood elevations 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 base flood and modified base flood elevations, 
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.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. No environmental impact assessment has 
been prepared.
    Regulatory Flexibility Act. The Acting Executive Associate 
Director, Mitigation Directorate, certifies that this proposed rule is 
exempt from the requirements of the Regulatory Flexibility Act because 
proposed or modified base flood elevations are required by the Flood 
Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to 
establish and maintain community eligibility in the NFIP. As a result, 
a regulatory flexibility analysis has not been prepared.
    Regulatory Classification. This proposed rule is not a significant 
regulatory action under the criteria of Section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 12612, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 12612, 
Federalism, dated October 26, 1987.
    Executive Order 12778, Civil Justice Reform. This proposed rule 
meets the applicable standards of Section 2(b)(2) of Executive Order 
12778.

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.


 67.4  [Amended]

    2. The tables published under the authority of  67.4 
are proposed to be amended as follows:

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                                                               #Depth in feet above
                                                                 ground. *Elevation in
                                                                      feet (NGVD)
         Source of flooding                   Location         ï¿½Elevation in feet    Communities affected
                                                                        (NAVD)
                                                              --------------------------
                                                                 Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                                     FLORIDA
                                                Charlotte County
----------------------------------------------------------------------------------------------------------------
ï¿½1AAuburn Waterway...............  At the confluence with          None           *8  Charlotte County
                                       Pellam Waterway.                                   (Unincorporated Areas)
                                  At Hillsborough                 None          *12  .......................
                                       Boulevard.
Broad Creek.........................  At the upstream side of         None         *8/9  Charlotte County
                                       Copley Drive.
                                  Approximately 1 mile            None          *12  (Unincorporated Areas)
                                       upstream of Airport
                                       Road.
Broad Creek Tributary...............  At the confluence with            *8          *10  Charlotte County
                                       Broad Creek.
                                  Just upstream of Piper          None          *23  (Unincorporated Areas)
                                       Road.
Courtland Waterway..................  At the confluence with          None           *8  Charlotte County
                                       Auburn Waterway.                                   (Unincorporated Areas)
                                  At Hillsborough                 None          *13  .......................
                                       Boulevard.
Crestview-Lionheart.................  At the confluence with          None          *16  Charlotte County
                                       Crestview Waterway.                                (Unincorporated Areas)
Connector Waterway..................  At divergence from              None          *16  .......................
                                       Lionheart Waterway.
Crestview Waterway..................  At the confluence with          None           *9  Charlotte County
                                       West Spring Lake.                                  (Unincorporated Areas)
                                  At Hillsborough                 None          *16  .......................
                                       Boulevard.
Delavan Waterway....................  At the confluence with          None          *21  Charlotte County
                                       Fordham Waterway.                                  (Unincorporated Areas)
                                  Approximately 475 feet          None          *21  .......................
                                       upstream of Comstock
                                       Boulevard.
Elkcam Waterway.....................  Approximately 1,900             None           *9  Charlotte County
                                       feet upstream of U.S.                              (Unincorporated Areas)
                                       Route 41.
                                  Approximately 1.2 miles         None          *19  .......................
                                       upstream of Peachland
                                       Boulevard.
Fordham Waterway....................  Approximately 1,750             None           *9  Charlotte County
                                       feet upstream of U.S.                              (Unincorporated Areas)
                                       Route 41.
                                  Approximately 1.0 mile          None          *21  .......................
                                       upstream of Peachland
                                       Boulevard.
Kings Highway East Outfall..........  At the downstream side          None           *9  Charlotte County
                                       of Westchester                                     (Unincorporated Areas)
                                       Boulevard.
                                  Approximately 780 feet          None          *13  .......................
                                       upstream of Suncoast
                                       Boulevard.
Kings Highway West Outfall..........  Approximately 150 feet            *9          *10  Charlotte County
                                       upstream of                                        (Unincorporated Areas)
                                       Westchester Boulevard.

[[Page 35783]]

 
                                  Approximately 1,080             None          *16  .......................
                                       feet upstream of
                                       MacDougall Avenue.
Lionheart Waterway..................  At the county boundary.         None          *19  Charlotte County
                                  Approximately 170 feet          None           *9  (Unincorporated Areas)
                                       upstream of U.S. Route
                                       41.
Newgate Waterway....................  Approximately 1.2 miles         None           *8  Charlotte County
                                       upstream of the                                    (Unincorporated Areas)
                                       confluence with Early
                                       Waterway.
                                  Approximately 2.2 miles         None          *10  .......................
                                       upstream of Jenning's
                                       Boulevard.
Niagara Waterway....................  At the confluence with          None           *9  Charlotte County
                                       Fordham Waterway.                                  (Unincorporated Areas)
                                  At Peachland Boulevard.         None          *19  .......................
Pellam Waterway.....................  Approximately 2.1 miles         None           *8  Charlotte County
                                       upstream of Holly                                  (Unincorporated Areas)
                                       Avenue.
                                  At Hillsborough                 None          *14  .......................
                                       Boulevard.
Pelton Circle Waterway..............  At the confluence with          None          *16  Charlotte County
                                       Crestview Waterway.                                (Unincorporated Areas)
                                  Approximately 0.5 mile          None          *16  .......................
                                       upstream of confluence
                                       with Crestview
                                       Waterway.
Rampart Outfall.....................  Approximately 0.3 mile          None           *9  Charlotte County
                                       upstream of Harborview                             (Unincorporated Areas)
                                       Road.
                                  Just upstream of                None          *22  .......................
                                       Rampart Boulevard.
Sunset Waterway.....................  At the confluence with          None          *13  Charlotte County
                                       Lionheart Waterway.                                (Unincorporated Areas)
                                  At County boundary.....         None          *20  .......................
Yale Waterway.......................  At the confluence with          None          *13  Charlotte County
                                       Fordham Waterway.                                  (Unincorporated Areas)
                                  Approximately 475 feet          None          *14  .......................
                                       upstream of Sheehan
                                       Boulevard.
Gulf of Mexico......................  Approximately 1,200              *17          *16  Charlotte County
                                       feet southwest of the                              (Unincorporated Areas)
                                       intersection of Gulf
                                       Boulevard and South
                                       Gulf Boulevard.
                                  Approximately 200 feet           *11          *10  .......................
                                       east of the
                                       intersection of County
                                       Route 775 and Cap Haza
                                       Drive.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                  ï¿½1ACharlotte County (Unincorporated Area)
 
Maps available for inspection at the Charlotte County Community Development, Charlotte County Administration
 Building, 18500 Murdock Circle, Port Charlotte, Florida
Send comments to Ms. Pamela Brangaccio, Charlotte County Administrator, 18500 Murdock Circle, Port Charlotte,
 Florida 33948.
----------------------------------------------------------------------------------------------------------------
                                                 ï¿½1AWISCONSIN
                                                Winnebago County
----------------------------------------------------------------------------------------------------------------
ï¿½1AArrowhead River...............  Approximately 300 feet          *750         *751  Winnebago County
                                       upstream of County                                 (Unincorporated Areas)
                                       Highway M.
                                  Approximately 7,650             *755         *757  .......................
                                       feet upstream of
                                       Woodland Road.
Wolf River..........................  Approximately 1.7 miles         *750         *751  Winnebago County
                                       upstream of mouth at                               (Unincorporated Areas)
                                       Lake Poygan.
                                  At County boundary.....         *754         *753  .......................
Mud Creek...........................  Approximately 250 feet          *743         *744  Winnebago County
                                       downstream of county                               (Unincorporated Areas)
                                       boundary.
                                  At County boundary.....         *743         *744  .......................
Eight Mile Creek....................  At the confluence with          None         *817  Winnebago County
                                       Rush Creek.
                                  Approximately 2,000             *843         *844  (Unincorporated Areas)
                                       feet upstream of Knott
                                       Road.
Rush Creek..........................  At upstream side of             None         *780  Winnebago County
                                       State Highway 116.
                                  At the confluence of            None         *817  (Unincorporated Areas)
                                       Eight Mile Creek.
Sawyer Creek........................  Downstream side of              *754         *753  Winnebago County
                                       North Westfield Street.                            (Unincorporated Areas)
                                  Approximately 1.2 miles         None         *811  Oshkosh
                                       upstream of Clairville
                                       Road.
Rush Lake...........................  Entire shoreline within         None         *823  Winnebago County
                                       community.                                         (Unincorporated Areas)
Waukau Creek........................  At the confluence of            None         *817  Winnebago County
                                       Eight Mile Creek.
                                  Approximately 1.8 miles         None         *818  (Unincorporated Areas)
                                       upstream of confluence
                                       of Eight Mile Creek.
                                     Winnebago County (Unincorporated Areas)
 
Maps available for inspection at the Winnebago County Zoning Office, 448 Algoma Boulevard, Oshkosh, Wisconsin.
Send comments to Ms. Jane Van De Hey, Winnebago County Executive, P.O. Box 2808, Oshkosh, Wisconsin 54901.
 

[[Page 35784]]

 
                                                 City of Oshkosh
 
Maps available for inspection at the Oshkosh City Hall. 215 Church Avenue, Oshkosh, Wisconsin.
Send comments to The Honorable Jon Dell'Antonia, Mayor of the City of Oshkosh, 215 Church Avenue, Oshkosh,
 Wisconsin 54903.
----------------------------------------------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, "Flood 
Insurance.")

    Dated: May 15, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-12651 Filed 5-20-02; 8:45 am]
BILLING CODE 6718-04-P