[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Proposed Rules]
[Pages 35956-35960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12692]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7720]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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.

[[Page 35957]]


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 Directorate, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
3151.

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.
    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.
    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 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
----------------------------------------------------------------------------------------------------------------
                                  Allen County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Aboite Creek........................  Approximately 350 feet          +756         +755  Allen County
                                       downstream of Powell                               (Unincorporated
                                       Road.                                              Areas).
                                      Approximately 2,000             +756         +755
                                       feet upstream of
                                       Powell Road.
Brown Ditch.........................  At the confluence with          +793         +792  Allen County
                                       Adam Schlemmer-Baker                               (Unincorporated
                                       Ditch.                                             Areas).
                                      Approximately 650 feet          +793         +792
                                       upstream of the
                                       confluence with Adam
                                       Schlemmer-Baker Ditch.
Bullerman Branch....................  Approximately 775 feet          +777         +778  Allen County
                                       upstream of the                                    (Unincorporated
                                       confluence with                                    Areas), City of Fort
                                       Bullerman Ditch.                                   Wayne.
                                      Approximately 600 feet          +777         +778
                                       downstream of
                                       Stellhorn Road.
Durnell Ditch.......................  Approximately 1,056             +787         +786  City of Fort Wayne.
                                       feet upstream of
                                       Interstate Highway 69.
                                      Approximately 615 feet          +808         +807
                                       downstream of State
                                       Highway 14/Illinois
                                       Road.
Junk Ditch..........................  At the confluence with          +758         +759  City of Fort Wayne.
                                       St. Mary's River.
                                      Approximately 150 feet          +758         +759
                                       upstream of Taylor
                                       Street.
Lawrence Branch.....................  At the confluence with          +775         +776  City of Fort Wayne.
                                       Flaugh Ditch.
                                      Approximately 150 feet          +775         +776
                                       upstream of the
                                       confluence with Flaugh
                                       Ditch.
Martin Ditch........................  At the confluence with          +749         +748  City of New Haven.
                                       MaumeeRiver.
                                      Approximately 2,900             +749         +748
                                       feet upstream of
                                       confluence with Maumee
                                       River.
St. Mary's River....................  Just downstream of              +771         +772  Allen County
                                       Bostick Road.                                      (Unincorporated
                                                                                          Areas).
                                      At South County Line            +776         +778
                                       Road East.
Willow Creek Branch No. 7...........  At the confluence with          +825         +824  Allen County
                                       WillowCreek.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 1,500             +825         +824
                                       feet downstream of
                                       Woods Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.

[[Page 35958]]

 
 Depth in feet above ground.
                                                    ADDRESSES
City of Fort Wayne
 
Maps are available for inspection at 1 Main Street, Room 630, Fort Wayne, IN 46802.
Send comments to The Honorable Graham Richard, Mayor, City of Fort Wayne, 1 Main Street, Fort Wayne, IN 46802.
 
City of New Haven
 
Maps are available for inspection at 815 Lincoln Highway East, New Haven, IN 46774.
Send comments to The Honorable Terry E. McDonald, Mayor, City of New Haven, 815 Lincoln Highway East, New Haven,
 IN 46774.
 
Allen County (Unincorporated Areas)
 
Maps are available for inspection at 1 East Main Street, Room 630, Fort Wayne, IN 46802.
Send comments to Linda K. Bloom, President, County Commissioners, 1 East Main Street, Room 200, Fort Wayne, IN
 46802.
----------------------------------------------------------------------------------------------------------------
Pearl River County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
East Hobolochitto Creek.............  Just upstream of West           None          +86  Pearl River County
                                       Union Road.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 420 feet          None         +147
                                       upstream of Savannah
                                       Millard Road.
Jumpoff Creek.......................  At the confluence with          None         +162  Pearl River County
                                       East Hobolochitto                                  (Unincorporated
                                       Creek.                                             Areas).
                                      Just upstream of                None         +238
                                       Norfolk Southern
                                       Railroad.
Juniper Creek.......................  At the confluence with          None         +166  Pearl River County
                                       East Hobolochitto                                  (Unincorporated
                                       Creek.                                             Areas).
                                      Approximately 1,900             None         +252
                                       feet upstream of
                                       Dupont-Harris Road.
Long Branch.........................  At the confluence with          None          +72  Pearl River County
                                       West Hobolochitto                                  (Unincorporated
                                       Creek.                                             Areas).
                                      Approximately 6,900             None         +161
                                       feet upstream of Nelle
                                       Burkes Road.
Mill Creek No. 1....................  At the Pearl River-             None          +79  Pearl River County
                                       Hanconk County                                     (Unincorporated
                                       Boundary.                                          Areas).
                                      Approximately 4,800             None         +175
                                       feet upstream of Mill
                                       Creek 2 Tributary 4.
    No. 3...........................  Approximately 170 feet          None          +54  Pearl River County
                                       upstream of Boley                                  (Unincorporated
                                       Bypass Road.                                       Areas).
                                      Approximately 14,600            None         +180
                                       feet upstream of
                                       Highway 11.
    No. 4...........................  Just upstream of the            None          +91  Pearl River County
                                       dam.                                               (Unincorporated
                                                                                          Areas).
                                      Approximately 6,200             None         +143
                                       feet upstream of Rock
                                       Ranch Road.
West Hobolochitto Creek.............  Approximately 600 feet          None          +98  Pearl River County
                                       downstream of                                      (Unincorporated
                                       Henleyfield-McNeill                                Areas).
                                       Road.
                                      Approximately 200 feet          +133         +130
                                       upstream of Highway 26.
White Sand Creek....................  At the confluence with          None         +129  Pearl River County
                                       West Hobolochitto                                  (Unincorporated
                                       Creek.                                             Areas).
                                      Approximately 4,050             None         +247
                                       feet upstream of White
                                       Sand Creek Tributary 7.
Wolf River..........................  Approximately 16,100            None         +120  Pearl River County
                                       feet downstream of                                 (Unincorporated
                                       McNeill-McHenryRoad.                               Areas).
                                      Approximately 2,500             None         +241
                                       feet upstream of
                                       Highway 11.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES
Pearl River County (Unincorporated Areas)
 
Maps are available for inspection at Department of Planning and Development, 167 Savannah-Millard Road,
 Poplarville, MS 39470.
Send comments to Ms. Bettye Stockstill, President, Board of Supervisors, Pearl River County Courthouse, 207 West
 Pearl Street, Poplarville, MS 39470.
----------------------------------------------------------------------------------------------------------------
                                   Smith County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Blackhawk Creek.....................  Approximately 2000 feet         None         +332  City of Whitehouse
                                       downstream of                                      (Smith County),
                                       intersection with                                  Unincorporated Areas.
                                       Blackjack Rd.
                                      Approximately 1750 feet         None         +483
                                       upstream of
                                       intersection with FM
                                       346 E.

[[Page 35959]]

 
    Tributary 1.....................  Confluence with                 None         +383  City of Whitehouse.
                                       Blackhawk Creek.
                                      Approximately 250 feet          None         +419
                                       upstream of Hagan Rd
                                       intersection.
    Tributary 2.....................  Confluence with                 None         +418  City of Whitehouse.
                                       Blackhawk Creek.
                                      Approximately 2000 feet         None         +460
                                       upstream of
                                       interstection with CR
                                       2319.
Hill Creek..........................  Approximately 3500 feet         None         +379  City of Whitehouse
                                       from intersection with                             (Smith County),
                                       Troup Highway.                                     Unincorporated Areas.
                                      Approximately 2500 feet         None         +465
                                       downstream of
                                       intersection with
                                       Bascom Rd.
Horsepen Branch.....................  Approximately 8000 feet         None         +392  City of Troup.
                                       downstream of
                                       confluence with
                                       Kickapoo Creek.
                                      Approximately 1100 feet         None         +411
                                       downstream of
                                       confluence with
                                       Kickapoo Creek.
Mud Creek...........................  Approximately 7000 feet         None         +315  (Smith County)
                                       downstream from                                    Unincorporated Areas.
                                       intersection with Old
                                       Tyler Rd. (County
                                       Line).
                                      Approximately 140 feet          None         +333
                                       upstream from
                                       intersection with
                                       TroupHighway.
Prairie Creek South.................  Approximately 1750 feet         None         +382  (Smith County)
                                       downstream of                                      Unincorporated Areas,
                                       intersection with Old                              New Chapel Hill.
                                       Omen Rd.
                                      1750 feet upstream of           None         +422
                                       intersection with
                                       Henderson Hwy.
Prairie Creek Tributary 1...........  Confluence with Prairie         None         +391  (Smith County)
                                       Creek South.                                       Unincorporated Areas.
                                      1500 feet upstream from         None         +451
                                       Dam.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES
 
City of Troup
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable John Whitsell, Mayor, City of Troup, PO Box 637, Troup, TX 75789.
 
City of Whitehouse
 
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Jake Jacobson, Mayor, City of Whitehouse, PO Box 776, Whitehouse, TX 75791.
 
New Chapel Hill
 
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Robert Whitaker, Mayor, 14475 State Hwy 64 E, Tyler, TX 75707.
 
Unincorporated Areas of Smith County
 
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Joel P. Baker, County Judge, Smith County, 200 E. Ferguson, Ste. 100, Tyler, TX
 75702.
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[[Page 35960]]

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

    Dated: June 18, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Federal Emergency Management Agency, Department of Homeland 
Security.
[FR Doc. E7-12692 Filed 6-29-07; 8:45 am]
BILLING CODE 9110-12-P