[Federal Register Volume 67, Number 132 (Wednesday, July 10, 2002)]
[Proposed Rules]
[Pages 45689-45691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17276]



[[Page 45689]]

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-D-7532]


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.

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 (email) [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 Administrator, Federal Insurance and Mitigation 
Administration, 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.


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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                                                                                                                                 Depth in feet
                                                                                                                                 above ground *Elevation
                                                                                                                                     in feet (NGVD)
             State                City/town/county   Source of flooding                         Location                           *Elevation in feet
                                                                                                                                         (NAVD)
                                                                                                                               -------------------------
                                                                                                                                  Existing     Modified
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Florida........................  St. Johns County    Flora Branch......  At the upstream side of Race Track Road..............           *9           *6
                                  (Unincorporated                        Approximately 3,160 feet upstream of Flora Branch             None          *17
                                  Areas).                                 Boulevard.
                                                     Kendall Creek.....  Approximately 4,700 feet upstream of confluence with           *11          *10
                                                                          St. Johns River.
                                                                         Approximately 1,000 feet upstream of Roberts Road....          *24          *25
                                                     Cunningham Creek..  Approximately 4,500 feet upstream of confluence with            *6           *7
                                                                          St. Johns River.
                                                                         Approximately 2 miles upstream of Flora Branch                 *22          *21
                                                                          Boulevard.
                                                     Kentucky Branch...  Approximately 1,000 feet upstream of State Road 13...           *7           *6
                                                                         Approximately 4,400 feet upstream of confluence with           *23          *24
                                                                          Kentucky Branch Tributary.

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                                                     Kentucky Branch...  At confluence with Kentucky Branch...................           *8           *7
                                                     Tributary.........  At upstream side of Greenbriar Road..................          *19          *18
                                                     Moultrie Creek....  At the upstream side of U.S. Route 1.................           *9           *8
                                                                         At downstream side of Route 214......................          *33          *31
                                                     Moultrie Creek....  Approximately 1,200 feet upstream of confluence with            *9           *8
                                                                          Moultrie Creek.
                                                     Tributary No. 1...  Approximately 80 feet upstream of Lewis Point Road...          *25          *26
                                                     Moultrie Creek....  At confluence with Moultrie Creek....................           *9           *8
                                                     Tributary No. 3...  Approximately 200 feet upstream of Willow Walk Place.          *21          *22
                                                     Moultrie Creek....  At confluence with Moultrie Creek....................           *9           *8
                                                     Tributary No. 4...  Approximately 80 feet upstream of State Route 207....          *36          *37
                                                     Orange Grove......  Approximately 600 feet upstream of State Road 13N....          *15          *14
                                                     Branch............  Approximately 1.8 miles upstream of State Road 13N...          *27          *25
                                                     Petty Branch......  Approximately 200 feet upstream of State Road 13.....           *7           *6
                                                                         Approximately 1.9 miles downstream of State Road 13..         None          *27
                                                     St. Johns River...  Approximately 200 feet downstream of State Road 13N..           *7           *6
                                                     Tributary No. 2...  At downstream side of Remington Forest Drive.........          *10           *9
                                                     St. Johns River...  Approximately 500 feet downstream of Grove Bluff Road           *6           *7
                                                     Tributary No. 1...  Approximately 125 feet upstream of State Road 13N....         None          *16
                                                     St. Johns River...  Approximately 2,350 feet upstream of confluence with            *7           *6
                                                                          St. Johns River.
                                                     Tributary No. 5...  Approximately 0.7 mile upstream of State Road 13.....         None          *17
                                                     St. Johns River...  Approximately 575 feet downstream of State Road 13...           *7           *6
                                                     Tributary No. 3...  Approximately 800 feet upstream of unnamed road......          *22          *21
                                                     St. Johns River...  Approximately 75 feet upstream of confluence with St.          *13          *14
                                                                          Johns River Tributary No. 3, Branch No. 1.
                                                     Tributary No. 3,    Approximately 1,825 feet upstream of confluence with           *24          *23
                                                      Branch No. 2.       St. Johns River Tributary No. 3, Branch No. 1.
                                                     St. Johns River...  Approximately 1,950 feet upstream of confluence with            *7           *6
                                                                          St. Johns River.
                                                     Tributary No. 4...  Approximately 0.6 mile upstream of State Road 13.....         None          *24
                                                     Sixmile Creek.....  Approximately 3.5 miles upstream with St. Johns River           *6           *7
                                                                         At confluence with Turnbull Creek....................         None          *15
                                                     Turnbull Creek....  At confluence with Sixmile Creek.....................         None          *15
                                                                         At upstream side of Interstate 95....................         None          *30
                                                     Durbin Creek......  At upstream side of Race Track Road..................         None          *12
                                                                         Approximately 280 feet upstream of U.S. Highway 1....         None          *15
                                                     Mill Creek 2.                Sixmile Creek.
                                                                         Approximately 0.8 mile upstream of State Road 16.....         None          *26
                                                     Red House Branch..  At confluence with San Sebastian River...............         None          *10
                                                                         Approximately 100 feet upstream of Chicken Farm Road.          *28          *27
                                                     Atlantic Ocean....  Approximately 800 feet east of intersection of                None          *13
                                                                          Hildago Road and Costanero Road.
                                                                         Approximately 500 feet east of intersection of                 *14          *17
                                                                          Country Route 210 and Ponte Vedra Boulevard.
 
 
[[Page 45691]]

 
  Maps available for inspection at the St. Johns County Administration Building, Building Department, 4020 Lewis Speedway, St. Augustine, Florida.
 
  Send comments to Mr. Ben Adams, Jr., St. Johns County Administrator, 4020 Lewis Speedway, P.O. Drawer 349, St. Augustine, Florida 32085-0349.
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Florida........................  St. Augustine       Atlantic Ocean....  Approximately 600 feet east of 16th Street and A1A             *14          *17
                                  Beach (City), St.                       Beach Boulevard.
                                  Johns County.
                                                                         Approximately 600 feet southeast of A1A and Pope Road           *9          *13
                                                                         Approximately 600 feet northeast of 16th Street and           None           *1
                                                                          A1A Beach Boulevard.
 
   Maps available for inspection at the St. Augustine City Hall, 2200 A1A South, St. Augustine Beach, Florida.
 
  Send comments to Mr. Max Royle, City of St. Augustine Beach Manager, 2200 A1A South, St. Augustine Beach, Florida 32080.
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New Jersey.....................  Bernardsville       Indian Grave Brook  At confluence with Passaic River.....................         *298         *303
                                  (Borough),
                                  Somerset County.
                                                                         Approximately 475 feet upstream Washington Corner             *596         *597
                                                                          Road.
                                                     Tributary K.......  At confluence with Indian Grave Brook................         *450         *456
                                                                         Approximately 1,672 feet upstream of Washington               *562         *565
                                                                          Corner Road.
                                                     Passaic River.....  At downstream corporate limit........................         *298         *303
                                                                         Approximately 4,940 feet above downstream corporate           *374         *375
                                                                          limits.
                                                     Mine Brook........  Approximately 0.05 mile upstream Mill Street.........         *396         *397
                                                                         At dam...............................................         *435         *436
                                                     Tributary MB......  Approximately 0.06 mile upstream of confluence with           *415         *416
                                                                          Mine Brook.
                                                                         Approximately 0.02 mile downstream Thompson Road              *434         *435
                                                                          bridge.
 
   Maps available for inspection at the Bernardsville Borough Hall, Office of the Borough Clerk, 166 Mine Brook Road, Bernardsville, New Jersey.
 
  Send comments to The Honorable Jay Parsons, Mayor of the Borough of Bernardsville, Municipal Building, Bernardsville, New Jersey 07924.
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Pennsylvania...................  Tinicum             Delaware River....  Approximately 0.25 mile upstream of Uhlerstown Hill           *126         *127
                                  (Township), Bucks                       Road.
                                  County.
                                                                         Approximately 1.17 miles downstream of Upper Black            *135         *134
                                                                          Eddy Bridge.
                                                     Delaware River....  At confluence with the Delaware River................         *127         *128
                                                     Overland Flow.....  At divergence from the Delaware River................         *135         *133
 
   Maps available for inspection at the Tinicum Municipal Building, 163 Municipal Road, Pipersville, Pennsylvania.
 
  Send comments to Mr. Gary Pearson, Chairperson of the Township of Tinicum Board of Supervisors, 163 Municipal Road, Pipersville, Pennsylvania 18947.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: July 2, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-17276 Filed 7-9-02; 8:45 am]
BILLING CODE 6718-04-P