[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Proposed Rules]
[Pages 12695-12697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4726]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[ Docket No. FEMA-B-7767]


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-7767, 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

[[Page 12696]]

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
----------------------------------------------------------------------------------------------------------------
                              Swain County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Adams Creek.........................  Approximately 650 feet          None        +1874  Eastern Band of
                                       upstream of the                                    Cherokee Indians.
                                       confluence with
                                       Oconaluftee River.
                                      Approximately 130 feet          None        +2233
                                       upstream of Red Clay
                                       Road.
Alarka Creek........................  At the confluence with          None        +1710  Unincorporated Areas of
                                       Little Tennessee River.                            Swain County.
                                      Approximately 1,100             None        +2556
                                       feet upstream of
                                       Unahala Creek Road
                                       (State Road 1138).
Bunches Creek.......................  Approximately 150 feet         +2384        +2385  Eastern Band of
                                       upstream of the                                    Cherokee Indians.
                                       confluence with Raven
                                       Fork.
                                      Approximately 0.8 mile          None        +3158
                                       upstream of Bunches
                                       Creek Road.
Conley Creek........................  At the confluence with          None        +1845  Unincorporated Areas of
                                       Tuckasegee River.                                  Swain County.
                                      Approximately 1,900             None        +2113
                                       feet upstream of
                                       Childers Barn Lane.
Cooper Creek........................  At the confluence with         +1795        +1792  Unincorporated Areas of
                                       Tuckasegee River.                                  Swain County, Eastern
                                                                                          Band of Cherokee
                                                                                          Indians.
                                      Approximately 100 feet          None        +2057
                                       upstream of Issac
                                       Wiggins Road.
Deep Creek..........................  At the confluence with         +1741        +1740  Unincorporated Areas of
                                       Tuckasegee River.                                  Swain County, Town of
                                                                                          Bryson City.
                                      Approximately 150 feet          None        +1805
                                       upstream of Access
                                       Road to Deep Creek
                                       Campgrounds.
Goose Creek.........................  At the upstream side of         None        +1855  Eastern Band of
                                       Goose Creek Road.                                  Cherokee Indians.
                                      Approximately 1,050             None        +1904
                                       feet upstream of Goose
                                       Creek Road.
Jenkins Branch......................  At the confluence with         +1728        +1727  Town of Bryson City.
                                       Tuckasegee River.
                                      Approximately 200 feet          None        +1815
                                       upstream of Eastside
                                       Drive.
Kirkland Creek......................  At the confluence with         +1754        +1751  Unincorporated Areas of
                                       Tuckasegee River.                                  Swain County, Town of
                                                                                          Bryson City.
                                      Approximately 100 feet          None        +2222
                                       upstream of Kirklands
                                       Creek Road (State Road
                                       1164).
Little Tennessee River..............  At the North Carolina/          None        +1088  Unincorporated Areas of
                                       Tennessee State                                    Swain County.
                                       boundary.
                                      Approximately 150 feet          None        +1857
                                       upstream of the Swain/
                                       Macon County boundary.
Nantahala River.....................  At the confluence with          None        +1710  Unincorporated Areas of
                                       Little Tennessee River.                            Swain County.
                                      At the Swain/Macon              None        +1985
                                       County boundary.
Oconaluftee River...................  Approximately 1.0 mile          None        +2056  Unincorporated Areas of
                                       upstream of the                                    Swain County.
                                       confluence with Raven
                                       Fork.
                                      Approximately 1.8 miles         None        +2135
                                       upstream of the
                                       confluence with Raven
                                       Fork.
Pigeon Creek........................  Approximately 20 feet           None        +2257  Eastern Band of
                                       upstream of confluence                             Cherokee Indians.
                                       with Raven Fork.
                                      Approximately 0.7 mile          None        +2717
                                       upstream of the
                                       confluence with Raven
                                       Fork.

[[Page 12697]]

 
Raven Fork..........................  Approximately 1,650             None        +2638  Eastern Band of
                                       feet upstream of Big                               Cherokee Indians.
                                       Cove Road.
                                      Approximately 0.5 mile          None        +2663
                                       upstream of Big Cove
                                       Road.
Shepherd Creek......................  At the confluence with          None        +1844  Unincorporated Areas of
                                       Kirkland Creek.                                    Swain County.
                                      Approximately 1.4 miles         None        +2232
                                       upstream of the
                                       confluence with
                                       Kirkland Creek.
Silvermine Creek....................  At the confluence with          None        +1724  Unincorporated Areas of
                                       Nantahala River.                                   Swain County.
                                      Approximately 100 feet          None        +2151
                                       upstream of Taylor
                                       Road (State Road 1104).
Straight Fork.......................  Approximately 100 feet         +2454        +2455  Eastern Band of
                                       upstream of the                                    Cherokee Indians.
                                       confluence with Raven
                                       Fork.
                                      Approximately 1.0 mile          None        +2558
                                       upstream of the
                                       confluence with Raven
                                       Fork.
Toot Hollow Branch..................  At the confluence with         +1735        +1734  Unincorporated Areas of
                                       Tuckasegee River.                                  Swain County, Town of
                                                                                          Bryson City.
                                      Approximately 330 feet          None        +1806
                                       upstream of Monteith
                                       Road (State Road 1334).
Tuckasegee River....................  At the confluence with          None        +1710  Unincorporated Areas of
                                       Little Tennessee River.                            Swain County, Eastern
                                                                                          Band of Cherokee
                                                                                          Indians, Town of
                                                                                          Bryson City.
                                      At the upstream side of         None        +1845
                                       U.S. 74/U.S. 441.
Wesser Creek........................  At the confluence with          None        +1984  Unincorporated Areas of
                                       Conley Creek.                                      Swain County.
                                      Approximately 200 feet          None        +2052
                                       upstream of Estes
                                       Drive.
Wesser Creek (into Nantahala River).  At the confluence with          None        +1711  Unincorporated Areas of
                                       Nantahala River.                                   Swain County.
                                      Just downstream of the          None        +2201
                                       confluence of Right
                                       Fork Wesser Creek.
----------------------------------------------------------------------------------------------------------------
* 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
 
Eastern Band of Cherokee Indians
Maps are available for inspection at Ginger Lynn Welch Complex, 810 Acquoni Road, Cherokee, NC.
 
Town of Bryson City
Maps are available for inspection at Town of Bryson City Manager's Office, 45 Everett Street, Bryson City, NC.
 
                                      Unincorporated Areas of Swain County
Maps are available for inspection at Swain County Mapping Department, 101 Mitchell Street, Bryson City, NC.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: March 3, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
 [FR Doc. E8-4726 Filed 3-7-08; 8:45 am]
BILLING CODE 9110-12-P