[Federal Register Volume 72, Number 169 (Friday, August 31, 2007)]
[Rules and Regulations]
[Pages 50255-50257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17319]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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 date of issuance of the Flood Insurance Rate Map (FIRM) 
showing BFEs and modified BFEs for each community. This date may be 
obtained by contacting the office where the maps are available for 
inspection as indicated on the table below.

ADDRESSES: The final 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) makes the final determinations listed below for the modified 
BFEs for each community listed. These modified elevations have been 
published in newspapers of local circulation and ninety (90) days have 
elapsed since that publication. The Mitigation Division Director of 
FEMA has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67. FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community. The BFEs and modified BFEs are 
made final in the communities listed below. Elevations at selected 
locations in each community are shown.
    National Environmental Policy Act. This final 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 final 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 final rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

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                                                                           *Elevation
                                                                            in feet
                                                                             (NGVD)
                                                                           +Elevation
                                                                            in feet
           Flooding source(s)                 Location of referenced         (NAVD)       Communities affected
                                                    elevation              
                                                                            Depth in
                                                                           feet above
                                                                            ground.
                                                                            Modified
----------------------------------------------------------------------------------------------------------------
                               Barnes County, North Dakota, and Incorporated Areas
                                             Docket No.: FEMA-B-7705
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Sheyenne River.........................  Approximately 3200 feet                +1214  City of Valley City.
                                          downstream from 117th Ave SE
                                          (Barnes County Highway 21).
                                         Just upstream from Interstate          +1219
                                          94.
                                         Approximately 3350 feet                +1224
                                          upstream from 65th Street NE.
                                         Approximately 5600 feet                +1228
                                          upstream from Maryvale Bridge.
Sheyenne River.........................  Approximately 700 feet upstream        +1162  Barnes County
                                          from ND Highway 46.                           (Unincorporated Areas).
                                         Just downstream from 43rd St.          +1198
                                          SE (Barnes County Highway 21).
                                         Just Downstream from Baldhill          +1239
                                          Dam.
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*National Geodetic Vertical Datum.
Depth in feet above ground.
+North American Vertical Datum.

[[Page 50256]]

 
                                                    ADDRESSES
City of Valley City
 
Maps are available for inspection at City Hall, 220 3rd St. NE, Valley City, ND 58072.
Barnes County (Unincorporated Areas)
 
Maps are available for inspection at Barnes County Courthouse, 230 4th Street NW, Valley City, ND 58072.
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                                City of Harrisonburg, Independent City, Virginia
                                             Docket No: FEMA-B-7462
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Blacks Run.............................  Just upstream of Early Road....        +1199  City of Harrisonburg.
                                         Approximately 400 feet                 +1376
                                          downstream of Acorn Drive.
Blacks Run Tributary No. 1.............  Approximately at the confluence        +1269  City of Harrisonburg.
                                          with Blacks Run.
                                         Approximately 1180 feet                +1453
                                          upstream of Terri Drive.
Blacks Run Tributary No. 2.............  Approximately 80 feet upstream         +1270  City of Harrisonburg.
                                          of the confluence with Blacks
                                          Run Tributary No. 1.
                                         Approximately 1400 feet                +1377
                                          upstream of Peach Grove Avenue.
Blacks Run Tributary No. 3.............  Approximately at the confluence        +1307  City of Harrisonburg.
                                          with Blacks Run Tributary No.
                                          1.
                                         Approximately 80 feet                  +1418
                                          downstream of Reservoir Street.
                                         Approximately 150 feet upstream        +1430
                                          of Reservoir Street.
Sunset Heights Branch..................  Approximately 650 feet upstream        +1271  City of Harrisonburg.
                                          of Erickson Avenue.
                                         Approximately 150 feet down            +1336
                                          stream of West Market Street.
                                         Approximately 1100 feet                +1364
                                          upstream of West Market Street.
West Fork Sunset Heights Branch........  Approximately at the confluence        +1309  City of Harrisonburg.
                                          of Sunset Heights Branch.
                                         Approximately 900 feet upstream        +1364
                                          of Garbers Church Road.
                                         Approximately 1100 feet                +1366
                                          upstream of Garbers Church
                                          Road.
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 Depth in feet above ground.
*National Geodetic Vertical Datum.
+National American Vertical Datum.
Individual points for the City of Harrisonburg were processed to obtain place specific conversion factors. These
 individual point factors were then averaged throughout the community to obtain an average community wide
 conversion factor of .443 feet. To convert between NAVD and NGVD for the City of Harrisonburg use the following
 formula: NAVD = NGVD-0.443.
 
                                               City of Harrisonburg
 
Maps are available for inspection at City of Harrisonburg, Department of Community Development, 409 South Main
 Street, Harrisonburg, Virginia 22801.
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                              Kanawha County, West Virginia, and Incorporated Areas
                                             Docket No.: FEMA-B-7723
----------------------------------------------------------------------------------------------------------------
Alum Creek.............................  Begins at approximately 298             +519  Kanawha County
                                          feet downstream of CSX                        (Unincorporated Areas).
                                          Railroad.
                                         Ends approximately at 3649 feet         +709
                                          upstream of Rebel Mountain
                                          Road.
Brier Creek............................  Begins at approximately 1180            +608  Kanawha County
                                          feet downstream of Sproul Road.               (Unincorporated Areas).
                                         Ends approximately at 2390 feet         +702
                                          upstream of Brown Land Road.
Dutch Hollow...........................  Begins at approximately 3125            +590  City of Dunbar, Kanawha
                                          feet downstream of I-64 Bridge.               County (Unincorporated
                                                                                        Areas).
                                         Ends approximately at 4850 feet         +666
                                          upstream of I-64 Bridge.
Finney Branch..........................  Begins at approximately 1050            +590  City of Dunbar, Kanawha
                                          feet downstream of Charles                    County (Unincorporated
                                          Avenue.                                       Areas).
                                         Ends approximately at 360 feet          +601
                                          upstream of Gravel Drive.
Georges Creek..........................  Begins at approximately 2575            +597  Kanawha County
                                          feet downstream of Malden Road.               (Unincorporated Areas).
                                         Ends approximately at 3490 feet         +721
                                          upstream of Georges Creek
                                          Drive.
Indian Creek...........................  Begins at approximately 3775            +611  Kanawha County
                                          feet downstream of State Route                (Unincorporated Areas).
                                          114.
                                         Ends approximately at 1000 feet         +693
                                          upstream of Boner Drive.

[[Page 50257]]

 
Magazine Branch........................  Starts at approximately 920             +594  City of Charleston,
                                          feet downstream of                            Kanawha County
                                          Pennsylvania Avenue.                          (Unincorporated Areas).
                                         Ends approximately at 100 feet          +688
                                          upstream of Pacific Street.
Middle Fork............................  Begins at approximately 480             +606  Kanawha County
                                          feet downstream of Middle Fork                (Unincorporated Areas).
                                          Road.
                                         Ends approximately at 135 feet          +630
                                          upstream of Middle Fork Road.
Mill Creek.............................  Begins at approximately 90 feet         +605  Kanawha County
                                          downstream of Rail Road Bridge.               (Unincorporated Areas).
                                         Ends approximately at 4550 feet         +775
                                          upstream of Mill Creek Road.
Two and Three Quarter Mile Creek.......  Begins at approximately 220             +589  Kanawha County
                                          feet downstream of U.S. Route                 (Unincorporated Areas).
                                          60.
                                         Ends approximately at 1880 feet         +618
                                          upstream of Cane Fork Road.
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*National Geodetic Vertical Datum.
Depth in feet above ground.
+North American Vertical Datum.
                                                    ADDRESSES
 
City of Charleston
 
Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301.
City of Dunbar
 
Maps are available for inspection at 210 12th Street, Dunbar, WV 25064.
Kanawha County (Unincorporated Areas)
 
Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: August 22, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
[FR Doc. E7-17319 Filed 8-30-07; 8:45 am]
BILLING CODE 9110-12-P