[Federal Register Volume 72, Number 211 (Thursday, November 1, 2007)]
[Proposed Rules]
[Pages 61850-61854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21540]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[ Docket No. FEMA-B-7742 & FEMA-D-7828]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and proposed BFE modifications for the 
communities listed in the table below. The purpose of this notice is to 
seek general information and comment regarding the proposed regulatory 
flood elevations for the reach described by the downstream and upstream 
locations in the table below. The BFEs and modified BFEs are a part of 
the floodplain management measures that the community is required 
either to adopt or show evidence of having in effect in order to 
qualify or remain qualified for participation in the National Flood 
Insurance Program (NFIP). In addition, these elevations, once 
finalized, will be used by insurance agents, and others to calculate 
appropriate flood insurance premium rates for new buildings and the 
contents in those buildings.

DATES: Comments are to be submitted on or before January 30, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community are available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-7742, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
[email protected].

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3151 or (e-mail) [email protected].

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.
    Comments on any aspect of the Flood Insurance Study and FIRM, other 
than the proposed BFEs, will be considered. A letter acknowledging 
receipt of any comments will not be sent.
    Administrative Procedure Act Statement. This matter is not a 
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 
553. FEMA publishes flood elevation determinations for notice and 
comment; however, they are governed by the Flood Disaster Protection 
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 
1968, 42 U.S.C. 4001, et seq., and do not fall under the APA.
    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.
    Executive Order 12866, Regulatory Planning and Review. This 
proposed rule is not a significant regulatory action under the criteria 
of section 3(f) of Executive Order 12866, as amended.
    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:


[[Page 61851]]


    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
----------------------------------------------------------------------------------------------------------------
                               Riverside County, California and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Colorado River......................  At the downstream               None        + 244  Colorado River Indian
                                       corporate limits of                                Tribe, Unincorporated
                                       Riverside County.                                  Areas of Riverside
                                                                                          County.
                                      At the upstream                 None        + 338
                                       corporate limits of
                                       Riverside County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
Colorado River Indian Tribe
Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker,
 Arizona.
 
                                    Unincorporated Areas of Riverside County
 
Maps are available for inspection at the Riverside County Flood Control District Office, 1995 Market Street,
 Riverside, California.
----------------------------------------------------------------------------------------------------------------
                            San Bernardino County, California and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Colorado River......................  At the downstream               None        + 338  City of Needles,
                                       corporate limits of                                Colorado River Indian
                                       San Bernardino County.                             Tribe, Fort Mojave
                                                                                          Indian Tribe,
                                                                                          Unincorporated Areas
                                                                                          of San Bernardino.
                                      At the upstream                 None        + 485
                                       corporate limits of
                                       San Bernardino County.
Hooke Creek.........................  At confluence with Fern         None      + 4,877  Unincorporated Areas of
                                       Canyon.                                            San Bernardino County.
                                      Approximately 500 feet          None      + 5,238
                                       upstream of Hooke Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
City of Needles
Maps are available for inspection at the Needles City Hall, 817 Third Street, Needles, California.
 
Colorado River Indian Tribe
Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker,
 Arizona.
 
Fort Mojave Indian Tribe
Maps are available for inspection at the Mohave Indian Tribal Offices, 500 Merriman Avenue, Needles, California.
 
Unincorporated Areas of San Bernardino County
Maps are available for inspection at the San Bernardino County Public Works Department, 825 East Third Street,
 San Bernardino, California.
----------------------------------------------------------------------------------------------------------------
                                 Monroe County, New York, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
East Branch.........................  At Northbridge Road....        + 379        + 380  Town of Greece.
Larkin Creek........................  Approximately 1,440             None         +456
                                       feet upstream of St.
                                       Andrews Dam.
East Branch Red Creek...............  At confluence with              +525         +523  Town of Henrietta.
                                       Middle Branch Red
                                       Creek.
                                      Approximately 2,400             +570         +572
                                       feet upstream of Erie
                                       Station Road.
East Branch Round Pond Creek........  At Ridgeway Road.......         +474         +472  Town of Greece.

[[Page 61852]]

 
                                      Approximately 2,900             +511         +515
                                       feet upstream of Long
                                       Pond Road.
East Branch Shipbuilders Creek......  At Railroad............         +321         +328  Town of Webster.
                                      Approximately 1,800             +426         +430
                                       feet upstream of Dirt
                                       Track.
East Branch Tributary Red Creek.....  At confluence with East         +529         +530  Town of Henrietta.
                                       Branch Red Creek.
                                      Approximately 150 feet          +575         +574
                                       upstream of East
                                       Henrietta Road.
East Stem Middle Branch Red Creek...  At confluence with              +525         +524  Town of Henrietta.
                                       Middle Branch Red
                                       Creek and West Stem
                                       Middle Branch Red
                                       Creek.
                                      Approximately 150 feet          +579         +578
                                       upstream of Erie
                                       Station Road.
Irondequoit Creek Reach 1...........  Approximately 387 feet          None         +357  Village of East
                                       downstream of Linden                               Rochester, Town of
                                       Avenue.                                            Perinton.
                                      Approximately 1,600             None         +380
                                       feet upstream of
                                       Ontario Street.
Larkin Creek........................  At approximately 20             +253         +255  Town of Greece, Town of
                                       feet upstream of Lake                              Ogden.
                                       Ontario State Parkway.
                                      Approximately 430 feet          None         +464
                                       upstream of Black
                                       Forest Drive in Town
                                       of Ogden.
Middle Branch Red Creek.............  At confluence with Red          +525         +523  Town of Henrietta.
                                       Creek and East Branch
                                       Red Creek.
                                      At confluence with East         +525         +524
                                       and West Stem Middle
                                       Branch Red Creek.
Northrup Creek......................  At Flynn Road..........         +250         +249  Town of Greece, Town of
                                                                                          Ogden, Town of Parma,
                                                                                          Village of
                                                                                          Spencerport.
                                      Approximately 612 feet          None         +593
                                       upstream of Wood Duck
                                       Run.
Red Creek...........................  At confluence with Erie         +517         +514  Town of Henrietta, City
                                       Canal.                                             of Rochester, Town of
                                                                                          Brighton.
                                      At confluence with              +525         +523
                                       Middle and East Branch
                                       Red Creek.
Round Pond Creek Reach 1............  At Island Cottage Road.         +256         +257  Town of Greece.
                                      Approximately 4,400             +459         +461
                                       feet downstream of
                                       Flood Control Dam.
South Stem East Branch Tributary Red  At confluence with East         +554         +553  Town of Henrietta.
 Creek.                                Branch Tributary Red
                                       Creek.
                                      Approximately 42 feet           +575         +582
                                       upstream of East
                                       Henrietta Road.
West Branch Red Creek...............  At confluence with Red          +520         +518  City of Rochester, Town
                                       Creek.                                             of Brighton.
                                      At Bridge to Park Dump.         +520         +519
West Stem Middle Branch Red Creek...  At confluence with              +525         +524  Town of Henrietta.
                                       Middle Branch Red
                                       Creek and East Stem
                                       Middle Branch Red
                                       Creek.
                                      Approximately 270 feet          +560         +563
                                       upstream of Erie
                                       Station Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Rochester
Maps are available for inspection at Rochester City Hall, 30 Church Street, Rochester, NY.
 
Town of Brighton
Maps are available for inspection at Brighton Town Hall, 2300 Elmwood Avenue, Rochester, NY.
Town of Greece
 
Maps are available for inspection at Greece Town Hall, 1 Vince Tofany Boulevard, Greece, NY.
Town of Henrietta...............................................................................................
 
Maps are available for inspection at Henrietta Town Hall, 475 Calkins Road, Henrietta, NY.
 
Town of Ogden
 
Maps are available for inspection at Ogden Town Hall, 269 Ogden Center Road, Spencerport, NY.
 
Town of Parma
 
Maps are available for inspection at Parma Town Hall, 1300 Hilton-Parma Corners Road, Hilton, NY.
 

[[Page 61853]]

 
Town of Perinton
 
Maps are available for inspection at Perinton Town Hall, 1350 Turk Hill Road, Fairport, NY.
 
Town of Webster
 
Maps are available for inspection at Webster Town Hall, 1000 Ridge Road, Webster, NY.
 
Village of East Rochester
 
Maps are available for inspection at East Rochester Village Hall, 120 West Commercial Street, East Rochester,
 NY.
Village of Spencerport
 
Maps are available for inspection at Spencerport Village Building Department, 269 Ogden Center Road,
 Spencerport, NY.
----------------------------------------------------------------------------------------------------------------
                                Carroll County, Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
 
Chestnut Creek......................  Approximately 2450 feet         None        +2298  Unincorporated Areas of
                                       downstream of                                      Carroll County.
                                       Cliffview Road.
                                      Approximately 7500 feet         None        +2332
                                       upstream of Cliffview
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
                                     Unincorporated Areas of Carroll County
Maps are available for inspection at Building Officials Office, 605-1 Pine Street, Hillsville, VA 24343.
----------------------------------------------------------------------------------------------------------------
 
                                Grayson County, Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chestnut Creek......................  Near Sewage Treatment           None        +2332  Unincorporated Areas of
                                       Plant, just upstream                               Grayson County.
                                       of County Boundary.
                                      Near Sewage Treatment           None        +2335
                                       Plant, approximately
                                       375 feet downstream of
                                       old Railroad Bridge.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
                                                    ADDRESSES
                                     Unincorporated Areas of Grayson County
Maps are available for inspection at County Administrators Office, 129 Davis Street, Independence, VA 24348.
----------------------------------------------------------------------------------------------------------------
                                  None County, Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chestnut Creek......................  Just upstream of                None        +2308  City of Galax.
                                       Cliffview Road.
                                      Approximately 7500 feet         None        +2332  .......................
                                       upstream of Cliffview
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Galax
 
Maps are available for inspection at Galax Municipal Building, 111 East Grayson Street, Galax, VA 24333.
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[[Page 61854]]

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

    Dated: October 24, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E7-21540 Filed 10-31-07; 8:45 am]
BILLING CODE 9110-12-P