[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Proposed Rules]
[Pages 68806-68810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23706]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7751]


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 March 5, 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-7751, 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.

[[Page 68807]]

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:

    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
----------------------------------------------------------------------------------------------------------------
                                Sonoma County, California and Incorporated Areas
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Mount Hood Creek....................  Approximately 0.38 mile         None         +468  City of Santa Rosa.
                                       downstream of Sonoma
                                       Highway (State Route
                                       12).
                                      At Sonoma Highway               None         +495
                                       (State Route 12).
Petaluma River......................  Approximately 400 feet          None          +10  City of Petaluma.
                                       south of the
                                       intersection of South
                                       McDowell Boulevard and
                                       Cader Lane.
Russian River (Area behind Railroad   Approximately 1.5 miles         None         +285  Unincorporated Areas of
 Avenue/Kelly Road levees).            downstream of Crocker                              Sonoma County.
                                       Road.
                                      Approximately 1,550             None         +300
                                       feet downstream of
                                       Crocker 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 Petaluma
 
Maps are available for inspection at Petaluma City Hall, 11 English Street, Petaluma, CA.
 
City of Santa Rosa
 
Maps are available for inspection at Santa Rosa City Hall, 100 Santa Rosa Avenue, Santa Rosa, CA.
 
Unincorporated Areas of Sonoma County
 
Maps are available for inspection at Sonoma County Engineering Division, 2550 Ventura Avenue, Santa Rosa, CA.
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                                Miami-Dade County, Florida and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Inland canal and shallow flooding     City of Coral Gables...       *7-*10       *7-*15  City of Coral Gables.
 sources.
                                      Town of Cutler Bay.....        *8-*9        *7-*9  Town of Cutler Bay.
                                      City of Doral..........        *6-*7        *5-*8  City of Doral.
                                      Village of El Portal...           *7           *6  Village of El Portal.
                                      City of Florida City...           *9        *3-*7  City of Florida City.
                                      City of Hialeah........        *6-*8        *5-*9  City of Hialeah.
                                      City of Hialeah Gardens           *6        *5-*9  City of Hialeah
                                                                                          Gardens.
                                      City of Homestead......       *4-*10       *3-*10  City of Homestead.
                                      Town of Medley.........           *6        *5-*7  Town of Medley.
                                      City of Miami..........        *7-*8       *4-*15  City of Miami.
                                      Miami-Dade County             *3-*10       *3-*21  Miami-Dade County
                                       (Unincorporated Areas).                            (Unincorporated
                                                                                          Areas).
                                      Village of Miami-Shores         None          *11  Village of Miami-
                                                                                          Shores.

[[Page 68808]]

 
                                      City of Miami Springs..        *6-*7        *6-*7  City of Miami Springs.
                                      City of North Miami....         None          *12  City of North Miami.
                                      City of Opa-Locka......           *7        *5-*9  City of Opa-Locka.
                                      Village of Palmetto Bay         None           *7  Village of Palmetto
                                                                                          Bay.
                                      Village of Pinecrest...          *10       *7-*10  Village of Pinecrest.
                                      City of South Miami....       *9-*10       *7-*11  City of South Miami.
                                      City of Sweetwater.....         None           *8  City of Sweetwater.
                                      Village of Virginia               *6           *7  Village of Virginia
                                       Gardens.                                           Gardens.
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The new and revised flood elevations affect extensive inland canal and shallow flooding sources in Miami-Dade
 County and its incorporated areas. This proposed rule lists the range of new and/or revised elevations
 affecting the communities listed above. Because the specific changes are too numerous to list, residents and
 lessees of property in Miami-Dade County and its incorporated areas are strongly encouraged to review the FEMA
 Flood Insurance Rate Maps at the community offices.
 
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 
 Depth in feet above ground.
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 Coral Gables
 
Maps are available for inspection at the City of Coral Gables Department of Public Works, 2800 Southwest 72nd
 Avenue, Coral Gables, Florida.
 
Town of Cutler Bay
 
Maps are available for inspection at the Cutler Bay Town Hall, 10720 Caribbean Boulevard, Suite 105, Cutler Bay,
 Florida.
 
City of Doral
 
Maps are available for inspection at the City of Doral Building Department, 8300 Northwest 53rd Street, Suite
 200, Doral, Florida.
 
Village of El Portal
 
Maps are available for inspection at the El Portal Village Hall, 500 Northeast 87th Street, El Portal, Florida.
 
City of Florida City
 
Maps are available for inspection at the Florida City Building and Zoning Department, 404 West Palm Drive,
 Building 3, Florida City, Florida.
 
City of Hialeah
 
Maps are available for inspection at the City of Hialeah Planning and Zoning Department, 501 Palm Avenue, 4th
 Floor, Hialeah, Florida.
 
City of Hialeah Gardens
 
Maps are available for inspection at the Hialeah Gardens City Hall, 10001 Northwest 87th Avenue, Hialeah
 Gardens, Florida.
 
City of Homestead
 
Maps are available for inspection at the Homestead City Hall, 790 North Homestead Boulevard, Homestead, Florida.
 
Town of Medley
 
Maps are available for inspection at the Medley Town Hall, 7331 Northwest 74th Street, Medley, Florida.
 
City of Miami
 
Maps are available for inspection at the City of Miami Fire/Emergency Management Department, Miami Riverside
 Center, 444 Southwest 2nd Avenue, 10th Floor, Miami, Florida.
 
                                    Miami-Dade County (Unincorporated Areas)
 
Maps are available for inspection at the Miami-Dade County Department of Environmental Resource Management, 701
 Northwest 1st Court, 4th Floor, Miami, Florida.
 
Village of Miami-Shores
 
Maps are available for inspection at the Miami Shores Village Hall, 10050 Northeast 2nd Avenue, Miami Shores,
 Florida.
 
City of Miami Springs
 
Maps are available for inspection at the Miami Springs City Hall, 201 Westward Drive, Miami Springs, Florida.
 
City of North Miami
 
Maps are available for inspection at the North Miami City Hall, 776 Northeast 125th Street, North Miami,
 Florida.
 
City of Opa-Locka
 
Maps are available for inspection at the Opa-Locka City Hall, 780 Fisherman Street, Suite 335, Opa-Locka,
 Florida.
 
Village of Palmetto Bay
 
Maps are available for inspection at the Palmetto Bay Village Hall, 8950 Southwest 152nd Street, Palmetto Bay,
 Florida.
 
Village of Pinecrest
 
Maps are available for inspection at the Pinecrest Village Hall, 12645 Pinecrest Parkway, Pinecrest, Florida.
 
City of South Miami
 
Maps are available for inspection at the South Miami City Hall, 6130 Sunset Drive, South Miami, Florida.
City of Sweetwater
Maps are available for inspection at the Sweetwater City Hall, 500 Southwest 109th Avenue, Sweetwater, Florida.
 
Village of Virginia Gardens
 

[[Page 68809]]

 
Maps are available for inspection at the Virginia Gardens Village Hall, 6498 Northwest 38th Terrace, Virginia
 Gardens, Florida.
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                                 Brown County, Minnesota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Minnesota River.....................  Approximately 5,530             +805         +807  City of New Ulm,
                                       feet downstream of                                 Unincorporated Areas
                                       Dakota, Minnesota, and                             of Brown County.
                                       Eastern Railroad.
                                      Approximately 1,673             +823         +825
                                       feet upstream of
                                       county boundary.
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* 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 New Ulm
 
Maps are available for inspection at 100 North Broadway, New Ulm, MN 56073.
 
                                      Unincorporated Areas of Brown County
 
Maps are available for inspection at 14 South State Street, New Ulm, MN.
----------------------------------------------------------------------------------------------------------------
                              Bertie County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cashie River........................  Approximately 4.0 miles           +8           +7  Town of Windsor,
                                       upstream of NC-45.                                 Unincorporated Areas
                                                                                          of Bertie County.
                                      Approximately 1,150             None          +79
                                       feet upstream of the
                                       confluence of Cashie
                                       River Tributary 5.
Indian Creek........................  At the confluence with          None          +25  Unincorporated Areas of
                                       Roanoke River.                                     Bertie County, Town of
                                                                                          Lewiston Woodville.
                                      At the confluence of            None          +44
                                       Jacks Branch.
Jacks Branch........................  At the confluence with          None          +44  Unincorporated Areas of
                                       Indian Creek.                                      Bertie County, Town of
                                                                                          Lewiston Woodville.
                                      Approximately 0.5 mile          None          +53
                                       downstream of Jack
                                       Branch Road (State
                                       Route 1119).
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* 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 Bertie County
 
Maps are available for inspection at Bertie County Building Inspections Department, 106 Dundee Street, Windsor,
 NC.
 
Town of Lewiston Woodville
 
Maps are available for inspection at Lewiston Woodville Town Hall, 103 West Church Street, Lewiston Woodville,
 NC.
 
Town of Windsor
 
Maps are available for inspection at Town of Windsor Building Inspections Department, 128 South King Street,
 Windsor, NC.
----------------------------------------------------------------------------------------------------------------
                               Jefferson County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Douglas Lake........................  Approximately 5,100             None        +1002  Unincorporated Areas of
                                       feet upstream of                                   Jefferson County, City
                                       confluence of Leadvale                             of Baneberry, Town of
                                       Creek.                                             Dandridge.
                                      At Sevier/Jefferson             None        +1002
                                       county boundary.
Mossy Creek.........................  Approximately 2,200            +1073        +1075  Unincorporated Areas of
                                       feet downstream of                                 Jefferson County, Town
                                       Russell Avenue.                                    of Jefferson City.

[[Page 68810]]

 
                                      Approximately 1,050            +1073        +1075
                                       feet downstream of
                                       Russell Avenue.
----------------------------------------------------------------------------------------------------------------
* 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 Baneberry
 
Maps are available for inspection at 667 Harrison Ferry Road, Baneberry, TN 37890.
 
Town of Dandridge
 
Maps are available for inspection at P.O. Box 249, Dandridge, TN 37725.
 
Town of Jefferson City
 
Maps are available for inspection at P.O. Box 530, 112 West Broadway Boulevard, Jefferson City, TN 37760
 
                                    Unincorporated Areas of Jefferson County
 
Maps are available for inspection at P.O. Box 710, 214 West Main Street, Dandridge, TN 37725.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: November 30, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E7-23706 Filed 12-5-07; 8:45 am]
BILLING CODE 9110-12-P