[Federal Register Volume 72, Number 130 (Monday, July 9, 2007)]
[Proposed Rules]
[Pages 37162-37164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13182]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7723]


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.

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

[[Page 37163]]

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:

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                                                                  * Elevation in feet
                                                                (NGVD).  + Elevation in
                                                                feet (NAVD).  
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                             elevation                  ground.
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                              Kanawha County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Alum Creek..........................  Begins at approximately         None         +519  Kanawha County
                                       298 feet downstream of                             (Unincorporated
                                       CSX Railroad.                                      Areas).
                                      Ends approximately at           None         +709
                                       3649 feet upstream of
                                       Rebel Mountain Road.
Brier Creek.........................  Begins at approximately         None         +608  Kanawha County
                                       1180 feet downstream                               (Unincorporated
                                       of Sproul Road.                                    Areas).
                                      Ends approximately at           None         +702
                                       2390 feet upstream of
                                       Brown Land Road.
Dutch Hollow........................  Begins at approximately         None         +590  City of Dunbar, Kanawha
                                       3125 feet downstream                               County (Unincorporated
                                       of I-64 Bridge.                                    Areas).
                                      Ends approximately at           None         +666
                                       4850 feet upstream of
                                       I-64 Bridge.
Finney Branch.......................  Begins at approximately         None         +590  City of Dunbar, Kanawha
                                       1050 feet downstream                               County (Unincorporated
                                       of Charles Avenue.                                 Areas).
                                      Ends approximately at           None         +601
                                       360 feet upstream of
                                       Gravel Drive.
Georges Creek.......................  Begins at approximately         None         +597  Kanawha County
                                       2575 feet downstream                               (Unincorporated
                                       of Malden Road.                                    Areas).
                                      Ends approximately at           None         +721
                                       3490 feet upstream of
                                       Georges Creek Drive.
Indian Creek........................  Begins at approximately         None         +611  Kanawha County
                                       3775 feet downstream                               (Unincorporated
                                       of State Route 114.                                Areas).
                                      Ends approximately at           None         +693
                                       1000 feet upstream of
                                       Boner Drive.
Magazine Branch.....................  Starts at approximately         None         +594  City of Charleston,
                                       920 feet downstream of                             Kanawha County
                                       Pennsylvania Avenue.                               (Unincorporated
                                                                                          Areas).
                                      Ends approximately at           None         +688
                                       100 feet upstream of
                                       Pacific Street.
Middle Fork.........................  Begins at approximately         None         +606  Kanawha County
                                       480 feet downstream of                             (Unincorporated
                                       Middle Fork Road.                                  Areas).
                                      Ends approximately at           None         +630
                                       135 feet upstream of
                                       Middle Fork Road.
Mill Creek..........................  Begins at approximately         None         +605  Kanawha County
                                       90 feet downstream of                              (Unincorporated
                                       Rail Road Bridge.                                  Areas).
                                      Ends approximately at           None         +775
                                       4550 feet upstream of
                                       Mill Creek Road.
Two and Three Quarter Mile Creek....  Begins at approximately         None         +589  Kanawha County
                                       220 feet downstream of                             (Unincorporated
                                       U.S. Route 60.                                     Areas).
                                      Ends approximately at           None         +618
                                       1880 feet upstream of
                                       Cane Fork Road.
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* National Geodetic Vertical Datum.

[[Page 37164]]

 
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES
City of Charleston
 
Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301. Send comments to The
 Honorable Danny Jones, Mayor, City of Charleston, 501 East Virginia Street, Charleston, WV 25301.
 
City of Dunbar
 
Maps are available for inspection at 210 12th Street, Dunbar, WV 25064. Send comments to The Honorable C. B.
 Rigney, Mayor, City of Dunbar, P.O. Box 483, Dunbar, WV 25064.
 
                                      Kanawha County (Unincorporated Areas)
 
Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301. Send comments to Mr. W.
 Kent Carper, Commissioner, Unincorporated Areas of Kanawha County, 501 East Virginia Street, Charleston, WV
 25301.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: June 26, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
[FR Doc. E7-13182 Filed 7-6-07; 8:45 am]
BILLING CODE 9110-12-P