[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Proposed Rules]
[Pages 60980-60983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17270]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7471]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security, Mitigation Division.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Technical information or comments are requested on the 
proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed 
BFEs modifications for the communities listed below. The BFEs 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 BFEs 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 table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Division, 500 C Street SW., Washington, 
DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: 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.
    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. 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.
    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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This 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
----------------------------------------------------------------------------------------------------------------
                               Kemper County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hull Branch.........................  Approximately 10,360            None         +336  Kemper County
                                       feet upstream of Old                               (Unincorporated
                                       Jackson Road.                                      Areas).
                                      At the confluence of            None         +383
                                       Snoody Creek.
Okatibbe Creek......................  Approximately 2,340             None         +374  Kemper County
                                       feet upstream of Bull                              (Unincorporated
                                       Swamp Road.                                        Areas).
                                      At the confluence with          None         +408
                                       Houston Creek.
Snoody Creek........................  At the confluence with          None         +327  Town of De Kalb, Kemper
                                       Hull Branch.                                       County (Unincorporated
                                                                                          Areas).
                                      Approximately 2,290             None         +336
                                       feet downstream of
                                       State Road 39.
----------------------------------------------------------------------------------------------------------------
                                                    ADDRESSES
 
Unincorporated Areas of Kemper County
 
Maps are available for inspection at Kemper County Courthouse, 100 Main Street, De Kalb, MS 39328.
Send comments to Mr. James Granger, Board Chairman, Kemper County, P.O. Box 188, De Kalb, MS 39328.
 
Town of De Kalb
 

[[Page 60981]]

 
Maps are available for inspection at Kemper County Courthouse, 100 Main Street, De Kalb, MS 39328.
Send comments to The Honorable Homer Hall, Mayor, P.O. Box 579, De Kalb, MS 39328.
----------------------------------------------------------------------------------------------------------------
                                Ozaukee County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Canyon Creek........................  At mouth of Lake            \1\ *590     \1\ *590  City of Port
                                       Michigan.                                          Washington,
                                                                                          Unincorporated Areas
                                                                                          of Ozaukee County.
                                      At intersection of              None         *701
                                       Interstate 43.
Cedar Creek.........................  At mouth at Milwaukee           *680         *679  City of Cedarburg,
                                       River.                                             Village of Grafton,
                                                                                          Unincorporated Areas
                                                                                          of Ozaukee County.
                                      6450 feet upstream of           *838         *836
                                       County Highway Y.
Fredonia Creek......................  At mouth at Milwaukee       \1\ *780     \1\ *781  Village of Fredonia,
                                       River.                                             Unincorporated Areas
                                                                                          of Ozaukee County.
                                      2500 feet upstream from         None         *831
                                       County Highway D.
Milwau kee River....................  At County Line Road....         *653         *653  Village of Thiens
                                                                                          ville.
                                      Downstream of northern          *798         *798  City of Mequon, Village
                                       crossing of Riverside                              of Grafton.
                                       Road.
                                      Upstream of south               *805         *805  Village of Saukville,
                                       crossing of Riverside                              Village of Fredonia.
                                       Road.
                                      Downstream of Hickory           *835         *835  Village of Newburg,
                                       Road.                                              Unincorporated Areas
                                                                                          of Ozaukee County.
Mineral Springs.....................  At mouth at Sauk Creek.     \1\ *590     \1\ *590  City of Port
                                                                                          Washington.
                                      300 feet upstream from          None         *719
                                       State Highway 32.
Mole Creek..........................  At mouth at Milwaukee       \1\ *746     \1\ *746  Village of Grafton,
                                       River.                                             Unincorporated Areas
                                                                                          of Ozaukee County.
                                      600 feet upstream of            None         *818
                                       Center Road.
North Branch of Milwaukee River.....  At mouth at Milwaukee           *797         *798  Unincorporated Areas of
                                       River.                                             Ozaukee County.
                                      Downstream of northern          *799         *799
                                       crossing of Riverside
                                       Road.
Pigeon Creek........................  At mouth at Milwaukee       \1\ *660     \1\ *660  Village of Thiens
                                       River approximately                                ville, City of Mequon.
                                       100 feet downstream
                                       from Green Bay Road.
                                      1900 feet upstream of           None         *732
                                       Highland Road.
Sauk Creek..........................  At mouth of Lake            \1\ *590         *590  City of Port
                                       Michigan.                                          Washington, Village of
                                                                                          Belgium,
                                                                                          Unincorporated Areas
                                                                                          of Ozaukee County.
                                      2000 feet upstream of           None         *796
                                       County Highway KK.
Ulao Creek..........................  At mouth at Milwaukee           None     \1\ *664  City of Mequon, Village
                                       River.                                             of Grafton,
                                                                                          Unincorporated Areas
                                                                                          of Ozaukee County.
                                      2300 feet upstream of           None         *744
                                       State Highway 32.
Un-named Tributary 1 to      At intersection with            None         *720  Village of Belgium,
 Belgium Holland Drainage Ditch.       County Highway K.                                  Unincorporated Areas
                                                                                          of Ozaukee County.
                                      100 feet downstream of          None         *731
                                       Park Street.
Un-named Tributary 1 to      At the downstream               None         *723  Unincorporated Areas of
 Belgium Holland Drainage Ditch        confluence of Un-named                             Ozaukee County.
 Overflow 1.                  Tributary 1
                                       to Belgium Holland
                                       Drainage Ditch.
                                      At the upstream                 None         *724
                                       overflow from Un-named
                                       Tributary 1
                                       to Belgium Holland
                                       Drainage Ditch (750
                                       feet downstream of
                                       Park St).
Un-named Tributary 1 to      At the confluence of Un-        None         *730  Village of Belgium,
 Belgium Holland Drainage Ditch        named Tributary 2.                  i>1 to Belgium Holland                             of Ozaukee County.
                                       Drainage Ditch.
                                      At the upstream                 None         *730
                                       overflow of Un-named
                                       Tributary 1
                                       to Belgium Holland
                                       Drainage Ditch (2750
                                       feet downstream of Jay
                                       Road).
Un-named Tributary 1 to      At mouth of the             \1\ *759     \1\ *758  Village of Saukville.
 Milwaukee River.                      Milwaukee River.
                                      1690 feet upstream of           None         *775
                                       Dekora Woods Boulevard.
Un-named Tributary 1 to      At mouth of Ulao Creek.         None         *664  City of Mequon.
 Ulao Creek.

[[Page 60982]]

 
                                      1700 feet upstream of           None         *673
                                       County Highway W.
Un-named Tributary to Un-named        At mouth of Un-named            None         *664  City of Mequon.
 Tributary 1 to Ulao Creek.   Tributary 1
                                       to Ulao Creek.
                                      6750 feet upstream of           None         *673
                                       Interstate 43.
Un-named Tributary 2 to      At mouth of Pigeon              None         *623  City of Mequon, City of
 Pigeon Creek.                         Creek.                                             Cedar burg,
                                                                                          Unincorporated Areas
                                                                                          of Ozaukee County.
                                      2300 feet upstream of           None         *806
                                       State Highway 181.
Un-named Tributary 3 to      200 feet downstream of          *791         *791  Village of Fredonia.
 Milwaukee River.                      Wheeler Avenue.
                                      500 feet upstream of            *798         *798
                                       Meadowbrook Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above
 ground.
+ North American Vertical Datum.
\1\ Flood Elevation based on
 Backwater.
 
                                                   ADDRESSES:
Village of Belgium
 
Maps are available for inspection at 195 Commerce St., Belgium, WI 53004-0224.
 
Send comments to Donald Schommer, Village President, 820 North St., Belgium, WI 53004.
 
City of Cedarburg
 
Maps are available for inspection at W63 N645 Washington Avenue, Cedarburg, WI 53012-0049.
 
Send comments to Gregory P. Myers, Mayor, W63 N645 Washington Avenue, Cedarburg, WI 53012-0049.
 
Village of Fredonia
 
Maps are available for inspection at Village Hall, 416 Fredonia Ave., Fredonia, WI 53021.
 
Send comments to William Hamm, Village President, P.O. Box 159, 416 Fredonia Ave Fredonia, WI 53021.
 
Village of Grafton:
 
Maps are available for inspection at Village Hall--Thomas Johnson, 1971 Washington St., Grafton, WI 53024.
 
Send comments to Jim Brunquell, Village President, 1971 Washington St., Grafton, WI 53024.
 
City of Mequon
 
Maps are available for inspection at 11333 N. Cedarburg Road, Mequon, WI 53092.
 
Send comments to Christine Nuernberg, Mayor, 11333 N. Cedarburg Road, Mequon, WI 53092.
 
Village of Newburg
 
Maps are available for inspection at Village Hall, 614 Main St., Newburg, WI 53060.
 
Send comments to William Sackett, Village President, 614 Main Street, P.O. Box 50, Newburg, WI 53060.
 
Unincorporated Areas of Ozaukee County
 
Maps are available for inspection at Planning, Resources, and Land Management Department 121 West Main Street,
 P.O. Box 994, Port Washington, WI 53704-0994.
 
Send comments to Robert Brooks, County Board Chairperson, 121 West Main Street, Port Washington, WI 53704.
 
City of Port Washington
 
Maps are available for inspection at Office of Planning and Development, 100 W. Grand Avenue, Port Washington,
 WI 53074.
 
Send comments to Scott Huebner, Mayor, 100 W. Grand Avenue, P.O. Box 307, Port Washington, WI 53074.
 
Village of Saukville
 
Maps are available for inspection at Planning Department, 639 East Green Bay Ave., Saukville, WI 53080.
 
Send comments to Dawn Wagner, Village Administrator, 639 East Green Bay Ave, Saukville, WI 53080.
 
Village of Thiensville
 
Maps are available for inspection at 250 Elm Street, Thiensville, WI 53092.
 
Send comments to Karl V. Herts, Village President, 250 Elm Street.
----------------------------------------------------------------------------------------------------------------


[[Page 60983]]

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

    Dated: October 6, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E6-17270 Filed 10-16-06; 8:45 am]
BILLING CODE 9110-12-P