[Federal Register Volume 73, Number 75 (Thursday, April 17, 2008)]
[Proposed Rules]
[Pages 20890-20894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8324]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7771]


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 July 16, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Maps 
(FIRMs) 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-7771, 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

[[Page 20891]]

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
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                                Habersham County, Georgia, and Incorporated Areas
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Soquee River Tributary..............  Approximately 770 feet         +1307        +1308  City of Clarkesville.
                                       upstream of confluence
                                       with Soquee River.
                                      Approximately 380 feet         +1307        +1308
                                       downstream of State
                                       Highway 385/Alternate
                                       17/U.S. Highway 441
                                       Business/Grant Street.
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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 Clarkesville
Maps are available for inspection at City Hall, 210 East Water Street, Clarkesville, GA 30523.
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                                Iberia Parish, Louisiana, and Incorporated Areas
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Bayou Petite Anse-Deblanc Coulee-     Approximately 300 ft            None          +10  Unincorporated Areas of
 Segura Branch.                        upstream of U.S. 90                                Iberia Parish.
                                       eastbound..
                                      Approximately 300 ft             +11          +12
                                       downstream of Southern
                                       Pacific RR.
Commercial Canal....................  Approximately 300 ft              +9          +10  Unincorporated Areas of
                                       downstream of Southern                             Iberia Parish, City of
                                       Pacific RR.                                        New Iberia.
                                      Approximately 450 ft            None          +11
                                       upstream of Admiral
                                       Doyle Drive..
Duboin Canal........................  Approximately 3,000 ft          None          +11  Unincorporated Areas of
                                       downstream of Admiral                              Iberia Parish, City of
                                       Doyle Drive.                                       New Iberia.
                                      Intersection with               None          +16
                                       Adrian St.
Jacks Coulee........................  Approximately 300 ft            None          +10  Unincorporated Areas of
                                       downstream of Weeks                                Iberia Parish.
                                       Island Road.
                                      Approximately 300 ft            None          +11
                                       upstream of U.S. Hwy
                                       90.
Jefferson Canal.....................  Approximately 300 ft            None           +3  Unincorporated Areas of
                                       downstream of Southern                             Iberia Parish.
                                       Pacific RR.
                                      Approximately 100 ft            None           +6
                                       upstream of Jefferson
                                       Island Road.
Little Valley Bayou.................  Approximately 300 ft            None           +9  Unincorporated Areas of
                                       downstream of                                      Iberia Parish.
                                       Patoutville Road..
                                      Approximately 600 ft            None          +11
                                       upstream of Smith Road.
Peebles Coulee......................  Approximately 3,250 ft          None          +12  Unincorporated Areas of
                                       upstream of J. Allen                               Iberia Parish, City of
                                       Daigre Drive.                                      New Iberia.
                                      Approximately 300 ft             +10          +12
                                       downstream of Weeks
                                       Island Road.
Poufette Canal--Bayou Petite Anse-    Approximately 100 ft            None          +10  Unincorporated Areas of
 Segura Branch.                        upstream of Norris                                 Iberia Parish.
                                       Road.

[[Page 20892]]

 
                                      Approximately 300 ft             +11          +13
                                       downstream of Southern
                                       Pacific RR.
Rodere Canal........................  Approximately 300 ft              +9          +12  Unincorporated Areas of
                                       downstream of Southern                             Iberia Parish, City of
                                       Pacific RR.                                        New Iberia.
                                      Approximately 2,900 ft          None          +14
                                       upstream of Center
                                       Street.
Tete Bayou..........................  Approximately 500 ft            None          +13  Unincorporated Areas of
                                       downstream of LA 3195.                             Iberia Parish, City of
                                                                                          New Iberia.
                                      Approximately 250 feet          None          +15
                                       downstream of N. Lewis
                                       St..
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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 Iberia
Maps are available for inspection at 457 E. Main St, New Iberia, LA 70560.
 
                                      Unincorporated Areas of Iberia Parish
Maps are available for inspection at 209 W. Main St., Suite 102, New Iberia, LA 70560.
----------------------------------------------------------------------------------------------------------------
                              Livingston Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Maurepas--Entire Shoreline.....  Highest elevation               None           +9  Unincorporated Areas of
                                       approximately 40,800                               Livingston Parish.
                                       feet south of
                                       confluence with Amite
                                       River.
                                      Highest elevation at            None          +10
                                       confluence with
                                       Tickfaw River.
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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 Livingston Parish
Maps are available for inspection at 29261 Frost Rd., Livingston, LA 70754.
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                             Davidson County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Brush Fork Tributary 1.......  At the confluence with          None         +748  Town of Midway,
                                       Little Brushy Fork.                                Unincorporated Areas
                                                                                          of Davidson County.
                                      Approximately 0.7 mile          None         +781
                                       upstream of the
                                       confluence of Little
                                       Brushy Fork Tributary
                                       1A.
Little Brushy Fork..................  At the confluence with          None         +732  Town of Midway,
                                       Brushy Fork.                                       Unincorporated Areas
                                                                                          of Davidson County.
                                      Approximately 1.8 miles         None         +861
                                       upstream of Tom
                                       Livengood Road (State
                                       Road 1719).
Little Brushy Fork Tributary 1A.....  At the confluence with          None         +757  Town of Midway,
                                       Little Brushy Fork                                 Unincorporated Areas
                                       Tributary 1.                                       of Davidson County.
                                      Approximately 2,000             None         +786
                                       feet upstream of
                                       Garden Valley Drive.
Miller Creek........................  At the confluence with          None         +690  Town of Midway.
                                       Muddy Creek.
                                      Approximately 250 feet          +810         +811
                                       upstream of North
                                       Payne Road (State Road
                                       1510).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 20893]]

 
**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 Midway
Maps are available for inspection at Midway Town Hall, 125 Gum Tree Road, Midway, NC.
 
                                     Unincorporated Areas of Davidson County
Maps are available for inspection at Davidson County Governmental Center, Planning and Zoning Department, 913
 Greensboro Street, Lexington, NC.
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                               Mercer County, North Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Antelope Creek......................  100 feet Upstream from         +1743        +1745  Mercer County, City of
                                       Mercer County Road 18/                             Hazen.
                                       53rd Ave. SW.
                                      100 feet Upstream from         +1756        +1757
                                       Walk Bridge on
                                       Abandoned BNSF Railway
                                       Grade.
Antelope Creek Split................  100 feet Upstream from          None        +1754  Mercer County, City of
                                       BNSF Railway Bridge.                               Hazen.
                                      200 feet Upstream from          None        +1758
                                       13th Ave. W..
East Tributary Reach 1.....  100 feet Downstream             None        +1806  City of Beulah.
                                       from Roll Drive.
                                      100 feet Downstream             None        +1840
                                       from Beulah Dam.
East Tributary Reach 2.....  100 feet Upstream from         +1780        +1781  City of Beulah.
                                       BNSF Railway Bridge.
                                      100 feet Upstream from         +1792        +1795
                                       Beulah Eagle Road.
North Tributary.....................  Confluence with East            None        +1797  Mercer County, City of
                                       Tributary.                                         Beulah.
                                      100 feet Upstream from          None        +1819
                                       Seventh St..
Upstream Hazen Tributary............  100 feet Upstream from         +1754        +1753   City of Hazen.
                                       the Confluence with
                                       Antelope Creek.
                                      1000 feet Upstream from        +1754        +1753
                                       the Confluence with
                                       Antelope Creek.
West Hazen Tributary................  100 feet Upstream from         +1748        +1750  City of Hazen.
                                       Confluence with
                                       Antelope Creek.
                                      200 feet Upstream from          None        +1764
                                       Divide 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 Beulah
Maps are available for inspection at 120 Central Avenue North, Beulah, ND 58523.
 
City of Hazen
Maps are available for inspection at 146 Main St. E., Hazen, ND 58545.
 
Mercer County
Maps are available for inspection at 1021 Arthur Street, Stanton, ND 58571-0039.
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                              Raleigh County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Soak Creek..........................  Approximately 100 feet          None        +2305  Unincorporated Areas of
                                       downstream of State                                Raleigh County, Town
                                       Route 29.                                          of Sophia.
                                      Approximately 80 feet           None        +2328
                                       upstream of McKinney
                                       Hollow Road.
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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.

[[Page 20894]]

 
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 Sophia
Maps are available for inspection at Sophia Town Hall, 100 East Railroad Avenue, Sophia, WV 25921.
 
                                     Unincorporated Areas of Raleigh County
Maps are available for inspection at Raleigh County Commission Building, 116 \1/2\ North Heber Street, Beckley,
 WV 25801.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: March 31, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-8324 Filed 4-16-08; 8:45 am]
BILLING CODE 9110-12-P