[Federal Register Volume 73, Number 36 (Friday, February 22, 2008)]
[Proposed Rules]
[Pages 9750-9754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3366]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7762]


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 May 22, 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-7762, 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:

    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:

[[Page 9751]]



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                                                                                           * Elevation in feet
                                                                                         (NGVD)  + Elevation in
                                                                                         feet  (NAVD)  
             State               City/town/county      Source of         Location **      Depth in feet  above
                                                        flooding                                 ground
                                                                                       -------------------------
                                                                                          Existing     Modified
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                               Unincorporated Areas of Siskiyou County, California
----------------------------------------------------------------------------------------------------------------
California....................  Unincorporated     Panther Creek      Shallow flooding         None   1
                                 Areas of           (Shallow           areas between
                                 Siskiyou County.   Flooding).         Squaw Valley
                                                                       Creek and
                                                                       McCloud River
                                                                       Railroad.
                                                                      Shallow flooding         None   3
                                                                       areas between
                                                                       Squaw Valley
                                                                       Creek and
                                                                       McLoud River
                                                                       Railroad.
California....................  Unincorporated     Squaw Valley       At the                   None       * 3090
                                 Areas of           Creek.             downstream side
                                 Siskiyou County.                      of Cemetery
                                                                       Road.
                                                                      Approximately            None       * 3400
                                                                       100 feet
                                                                       upstream of
                                                                       McCloud River
                                                                       Railroad.
California....................  Unincorporated     Squaw Valley       Shallow flooding         None   1
                                 Areas of           Creek (Shallow     areas between
                                 Siskiyou County.   Flooding).         Cemetery Road
                                                                       and McCloud
                                                                       River Railroad.
                                                                      Shallow flooding         None   3
                                                                       areas between
                                                                       Cemetery Road
                                                                       and McCloud
                                                                       River Railroad.
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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 Siskiyou County
Maps are available for inspection at the Siskiyou County Planning Department, 305 Butte Street, Yreka, CA.
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                               Unincorporated Areas of Trinity County, California
----------------------------------------------------------------------------------------------------------------
California....................  Unincorporated     Carter Gulch.....  At the                 * 2319       * 2304
                                 Areas of Trinity                      confluence with
                                 County.                               Hayfork Creek.
                                                                      Approximately            None       * 2340
                                                                       960 feet
                                                                       upstream of
                                                                       Highway 3.
California....................  Unincorporated     Ewing Gulch......  At the                 * 2321       * 2305
                                 Areas of Trinity                      confluence with
                                 County.                               Hayfork Creek.
                                                                      Approximately            None       * 2343
                                                                       780 feet
                                                                       upstream of
                                                                       State Highway 3.
California....................  Unincorporated     Hayfork Creek....  Approximately            None       * 2280
                                 Areas of Trinity                      260 feet
                                 County.                               downstream of
                                                                       the confluence
                                                                       of Salt Creek.
                                                                      Approximately            None       * 2322
                                                                       300 feet
                                                                       upstream of Oak
                                                                       Avenue.
California....................  Unincorporated     Kellogg Gulch....  At the                 * 2317       * 2302
                                 Areas of Trinity                      confluence with
                                 County.                               Hayfork Creek.
                                                                      Approximately            None         2343
                                                                       980 feet
                                                                       upstream of
                                                                       State Highway 3.
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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 Trinity County
Maps are available for inspection at the Trinity County Planning Department and Planning Commission, 60 Glen
 Road, Weaverville, CA.
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[[Page 9752]]


 
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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
----------------------------------------------------------------------------------------------------------------
                                Tehama County, California, and Incorporated Areas
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Grasshopper Creek...................  Approximately 1,500             None         *275  Unincorporated Areas of
                                       feet upstream of the                               Tehama County, City of
                                       confluence with Red                                Red Bluff.
                                       Bank Creek.
                                      Approximately 0.4 mile          None         *312  .......................
                                       upstream of South
                                       Jackson Street.
Highway 99W Overflow................  Approximately 150 feet          None         *282  Unincorporated Areas of
                                       upstream of the                                    Tehama County.
                                       confluence witih Red
                                       Bank Creek.
                                      Approximately 0.5 mile          None         *291
                                       upstream of the
                                       confluence with Red
                                       Bank Creek.
Spyglass Drive Overflow.............  At the confluence with          None         *300  City of Red Bluff.
                                       Grasshopper Creek.
                                      At the upstream side of         None         *308
                                       South Jackson Street.
----------------------------------------------------------------------------------------------------------------
 
 * 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 Red Bluff
 
Maps are available for inspection at Red Bluff City Hall, 555 Washington Street, Red Bluff, CA.
 
                                      Unincorporated Areas of Tehama County
 
Maps are available for inspection at Tehama County Planning Department, 444 Oak Street, Red Bluff, CA.
----------------------------------------------------------------------------------------------------------------
                               Tippecanoe County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cole Ditch..........................  At its confluence with          None         +627  Unincorporated Areas of
                                       Burnett Creek.                                     Tippecanoe County.
                                      Approximately 4,000             None         +669  .......................
                                       feet upstream of
                                       County Road 150.
Cole Ditch Unnamed Tributary 1......  At its confluence with          None         +647  Unincorporated Areas of
                                       Cole Ditch.                                        Tippecanoe County,
                                                                                          City of West
                                                                                          Lafayette.
                                      Approximately 1,250             None         +694  .......................
                                       feet upstream of
                                       Kalberger Road.
Cole Ditch Unnamed Tributary 2......  At its confluence with          None         +628  Unincorporated Areas of
                                       Cole Ditch.                                        Tippecanoe County.
                                      Approximately 1,340             None         +655  .......................
                                       feet upstream of
                                       County Road 500.
Cuppy Ditch.........................  At its confluence with          None         +649  Unincorporated Areas of
                                       Cole Ditch.                                        Tippecanoe County.
                                      Approximately 50 feet           None         +655  .......................
                                       upstream of Morehouse
                                       Road.
East Branch Wea Creek...............  At its confluence with          None         +684  Unincorporated Areas of
                                       Wea Creek.                                         Tippecanoe County.
                                      Approximately 50 feet           None         +756  .......................
                                       upstream of County
                                       Road 500.
Indian Creek........................  Approximately 2,900             None         +631  Unincorporated Areas of
                                       feet downstream of                                 Tippecanoe County.
                                       County Road 400.
                                      Approximately 1,775             None         +654  .......................
                                       feet upstream of U.S.
                                       Highway 52.
Tippecanoe River....................  At its confluence with          None         +538  Unincorporated Areas of
                                       the Wabash River.                                  Tippecanoe County.
                                      At the County Boundary.         None         +544
----------------------------------------------------------------------------------------------------------------
 
 * 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 West Lafayette
 

[[Page 9753]]

 
Maps are available for inspection at Area Plan Commission of Tippecanoe County, 20 North Third Street,
 Lafayette, IN 47901.
 
Unincorporated Areas of Tippecanoe County
 
Maps are available for inspection at Area Plan Commission of Tippecanoe County, 20 North Third Street,
 Lafayette, IN 47901.
----------------------------------------------------------------------------------------------------------------
                                Camden County, New Jersey, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mason Run...........................  At a point located               +19          +20  Borough of Lindenwold,
                                       approximately 1,700                                Borough of Pine Hill,
                                       feet upstream of the                               Township of
                                       confluence with North                              Gloucester.
                                       Branch Big Timber
                                       Creek.
                                      At a point located              None          +35  .......................
                                       approximately 100 feet
                                       upstream of Blackwood-
                                       Clementon Road/County
                                       Route 534.
North Branch Big Timber Creek.......  At a point                       +19          +18  Borough of Clementon,
                                       approximately 400 feet                             Borough of Laurel
                                       upstream from the                                  Springs, Borough of
                                       confluence of Mason                                Lindenwold, Borough of
                                       Run.                                               Stratford.
                                      At a point located              None          +43
                                       approximately 2,240
                                       feet upstream of East
                                       Atlantic Avenue/State
                                       Route 727.
----------------------------------------------------------------------------------------------------------------
 
 * 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
 
Borough of Clementon
 
Maps are available for inspection at Clementon Borough Hall, 101 Gibbsboro Road, Clementon, NJ.
 
Borough of Laurel Springs
 
Maps are available for inspection at Laurel Springs Borough Hall, 135 Broadway Avenue, Laurel Springs, NJ.
 
Borough of Lindenwold
 
Maps are available for inspection at Lindenwold Borough Construction Office, 2001 Egg Harbor Road, Lindenwold,
 NJ.
 
Borough of Pine Hill
 
Maps are available for inspection at Pine Hill Borough Hall, 45 West 7th Avenue, Pine Hill, NJ.
 
Borough of Stratford
 
Maps are available for inspection at Stratford Borough Hall, 307 Union Avenue, Stratford, NJ.
 
Township of Gloucester
 
Maps are available for inspection at Township of Gloucester Municipal Building, 1261 Chews Landing Road,
 Blackwood, NJ.
----------------------------------------------------------------------------------------------------------------
                               Monmouth County, New Jersey, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Manalapan Brook.....................  At County boundary.....          +75          +76  Township of Manalapan,
                                                                                          Township of Millstone.
                                      Approximately 500 feet          None         +181  .......................
                                       upstream of Moonlight
                                       Court.
----------------------------------------------------------------------------------------------------------------
 
 * 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
 
Township of Manalapan
 
Maps are available for inspection at Manalapan Township Municipal Building, 120 Route 522, Manalapan, NJ.
Township of Millstone
 
Maps are available for inspection at Millstone Township Municipal Building, 470 Stagecoach Road, Millstone, NJ.
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[[Page 9754]]

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

    Dated: February 8, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
[FR Doc. E8-3366 Filed 2-21-08; 8:45 am]
BILLING CODE 9110-12-P