[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Proposed Rules]
[Pages 12691-12695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4723]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7764]


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 June 9, 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-7764, 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

[[Page 12692]]

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:

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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**         ground [caret]Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                             Santa Clara County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
San Tomas Aquino Creek..............  Approximately 20 feet           None         +376  City of Monte Sereno.
                                       downstream of Quito
                                       Road.
                                      Approximately 460 feet          None         +439  .......................
                                       upstream of Quito Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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 Monte Sereno
Maps are available for inspection at City of Monte Sereno Engineering Department, 18041 Saratoga-Los Gatos Road,
 Monte Sereno, CA.
----------------------------------------------------------------------------------------------------------------
                                Solano County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Napa River..........................  Approximately 115 feet            +9          +10  City of Vallejo,
                                       east of the                                        Unincorporated Areas
                                       intersection of Murphy                             of Solano County.
                                       Lane and Tyler Road.
Napa River..........................  Approximately 820 feet          None           +9  City of Vallejo.
                                       northeast of the
                                       intersection of L
                                       Street and Railroad
                                       Avenue.
San Pablo Bay.......................  Approximately 290 feet          None          +10  City of Vallejo.
                                       south of the
                                       intersection of Cedar
                                       Avenue and I Street.
                                      Approximately 0.4 mile          None          +11  .......................
                                       west of the
                                       intersection of Lawes
                                       Street and Dump Road.
San Pablo Bay.......................  Approximately 0.4 mile          None          +12  City of Vallejo,
                                       south of the                                       Unincorporated Areas
                                       intersection of Mesa                               of Solano County.
                                       Road and 13th Street.
                                      Approximately 0.5 mile          None          +13
                                       west of the
                                       intersection of Lawes
                                       Street and Dump Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

[[Page 12693]]

 
** 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 Vallejo
Maps are available for inspection at City of Vallejo Public Works Department, 555 Santa Clara Street, Vallejo,
 CA.
 
                                      Unincorporated Areas of Solano County
 
Maps are available for inspection at Solano County Public Works Department, 675 Texas Street, Suite 5500,
 Fairfield, CA.
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                                  Jones County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ocmulgee River......................  Approximately 14,050            None         +316  Unincorporated Areas of
                                       feet downstream of                                 Jones County.
                                       River North Boulevard.
                                      Approximately 16,790            None         +332  .......................
                                       feet upstream of River
                                       North Boulevard.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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 Jones County
Maps are available for inspection at Zoning and Planning Department, P.O. Box 1359, 166 Industrial Boulevard,
 Gray, GA 31032-1359.
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                                 Walton County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Alcovy River........................  Approximately 525 feet          None         +782  Unincorporated Areas of
                                       downstream of                                      Walton County.
                                       confluence of Cedar
                                       Creek Southeast.
                                      Approximately 1,740             None         +784  .......................
                                       feet upstream of
                                       confluence of Cedar
                                       Creek Southeast.
Apalachee River.....................  Approximately 2,600             None         +820  Unincorporated Areas of
                                       feet downstream of                                 Walton County.
                                       upstream county
                                       boundary with Gwinnett
                                       County.
                                      At upstream county              None         +823  .......................
                                       boundary with Gwinnett
                                       County.
Bay Creek...........................  Approximately 345 feet          None         +792  Unincorporated Areas of
                                       downstream of county                               Walton County.
                                       boundary with Gwinnett
                                       County.
                                      Approximately 670 feet          None         +796  .......................
                                       upstream of county
                                       boundary with Gwinnett
                                       County.
Big Haynes Creek....................  At downstream county            None         +846  Unincorporated Areas of
                                       boundary with Rockdale                             Walton County.
                                       County.
                                      At upstream county              None         +849  .......................
                                       boundary with Gwinnett
                                       County.
Brushy Fork Creek...................  Approximately 1,740             None         +862  Unincorporated Areas of
                                       feet downstream of                                 Walton County, City of
                                       Centerville Rosebud                                Loganville.
                                       Road.
                                      Approximately 2,550             None         +906  .......................
                                       feet upstream of Old
                                       Loganville Road.
Cedar Creek Southeast...............  At confluence with              None         +782  Unincorporated Areas of
                                       Alcovy River.                                      Walton County.
                                      Approximately 2,840             None         +796
                                       feet upstream of
                                       confluence with Alcovy
                                       River.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

[[Page 12694]]

 
** 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 Loganville
Maps are available for inspection at 4385 Pecan Street, Loganville, GA 30052.
 
                                      Unincorporated Areas of Walton County
Maps are available for inspection at 303 South Hammond Drive, Suite 330, Monroe, GA 30655.
----------------------------------------------------------------------------------------------------------------
 
                                  Canyon County, Idaho, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boise River.........................  Approximately 2000 feet        +2361        +2360  City of Caldwell, City
                                       upstream of I-84.                                  of Star,
                                                                                          Unincorporated.
                                      At Canyon County/Ada           +2454        +2456  Areas of Canyon County.
                                       County Boundary.
Indian Creek........................  Just upstream of Sewer         +2354        +2353  City of Nampa, City of
                                       Treatment Plant.                                   Caldwell.
                                      Just upstream of Canada        +2550        +2556  Unincorporated Areas of
                                       Road.                                              Canyon County.
Mason Creek.........................  At confluence with              None        +2370  City of Nampa, City of
                                       Boise River.                                       Caldwell.
                                      Just upstream of Lone           None        +2450  Unincorporated Areas of
                                       Tree Lane/Ustick Road.                             Canyon County.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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 Caldwell
Maps are available for inspection at 621 Cleveland Boulevard, 2nd Floor, Caldwell, ID 83605.
 
City of Nampa
Maps are available for inspection at 411 3rd Street South, Nampa, ID 83651.
 
City of Star
Maps are available for inspection at 10769 West State Street, Star, ID 83669.
 
                                      Unincorporated Areas of Canyon County
Maps are available for inspection at 1115 Albany Street, Caldwell, ID 83605.
----------------------------------------------------------------------------------------------------------------
 
                                Accomack County, Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chesapeake Bay......................  Base Flood Elevation              +4           +6  Town of Tangier.
                                       changes ranging from 4
                                       to 6 feet have
                                       occurred along the
                                       northern, southern,
                                       eastern, and western
                                       perimeter, as well as
                                       interior areas of the
                                       island.
Occohannock Creek (Chesapeake Bay)..  Aproximately Route 178            +4           +8  Town of Belle Haven.
                                       (Shields Bridge Road).
                                      Approximately the                 +4           +8  .......................
                                       northern community
                                       boundary for Belle
                                       Haven along
                                       Occohannock Creek.
Onancock Creek (Chesapeake Bay).....  Base Flood Elevations             +5           +7  Town of Onancock.
                                       have changed along the
                                       northern, central, &
                                       southern branches of
                                       Onancock Creek.
                                       Changes extend from
                                       the western confluence
                                       of these three
                                       branches to their
                                       eastern most extent
                                       within the community
                                       boundary of the Town
                                       of Onancock.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 12695]]

 
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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
 
Town of Belle Haven
Maps are available for inspection at P.O. Box 238, Belle Haven, VA 23306.
 
Town of Onancock
Maps are available for inspection at 15 North Street, Onancock, VA 23417.
 
Town of Tangier
Maps are available for inspection at 4301 Joshua Thomas Lane, Tangier, VA 23440.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: February 20, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-4723 Filed 3-7-08; 8:45 am]
BILLING CODE 9110-12-P