[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Proposed Rules]
[Pages 33372-33374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13208]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7784]


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 September 10, 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-7784, 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.

[[Page 33373]]

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)  
                State                      City/town/county                  Source of flooding                                     Location **                            Depth in feet above
                                                                                                                                                                                 ground
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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                                                                           Unincorporated Areas of Morrow County, Ohio
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Ohio.................................  Unincorporated Areas of   Whetstone Creek..........................  1290 feet downstream of Cardington Road...................         None        +1050
                                        Morrow County.
                                       ........................  .........................................  1570 feet downstream of U.S. Route 42                              None        +1068
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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 Morrow County
Maps are available for inspection at 80 North Walnut Street, Suite C, Mt. Gilead, OH 43338.
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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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                                Cortland County, New York, and Incorporated Areas
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Blue Creek..........................  Confluence with Dry            +1183        +1185  Town of Cortlandville.
                                       Creek.
                                      Approximately 215 feet          None        +1204
                                       upstream of Kinney
                                       Gulf Road.
Dry Creek...........................  Approximately 720 feet         +1115        +1116  City of Cortland, Town
                                       downstream of North                                of Cortlandville.
                                       Main Street.
                                      Approximately 330 feet          None        +1211
                                       upstream of Kinney
                                       Gulf Road.
Gridley Creek.......................  Confluence with                 None        +1044  Town of Virgil.
                                       Tiougnioga River.
                                      Approximately 1.8 miles         None        +1462
                                       upstream of Page Green
                                       Road.
Gridley Creek Tributary 9...........  Confluence with Gridley         None        +1354  Town of Virgil.
                                       Creek.
                                      Approximately 1,915             None        +1396
                                       feet upstream of State
                                       Route 392.
Gridley Creek Tributary 9-1.........  Confluence with Hope            None        +1429  Town of Virgil.
                                       Lake.
                                      Approximately .4 mile           None        +1564
                                       upstream of Clute Road.
Hope Lake...........................  Entire shoreline within         None        +1429  Town of Virgil.
                                       community.
Mosquito Creek......................  Approximately 50 feet          +1153        +1150  Town of Cortlandville,
                                       upstream of West                                   Village of Mcgraw.
                                       Center Street.
                                      Approximately .78 mile         +1517        +1509
                                       upstream of Heath Road.
Otselic River.......................  Approximately 991 feet          None        +1034  Town of Cincinnatus.
                                       downstream of Route 23.
                                      Approximately 1.6 miles         None        +1053
                                       upstream of Telephone
                                       Road.
Otter Creek.........................  Approximately 130 feet         +1119        +1121  City of Cortland, Town
                                       upstream of North Main                             of Cortlandville.
                                       Street.
                                      Approximately 70 feet           None        +1186
                                       upstream of State
                                       Route 13.
Otter Creek Tributary 3.............  Confluence with Otter           None        +1170  Town of Cortlandville.
                                       Creek.
                                      Approximately 1,000             None        +1170
                                       feet upstream of
                                       Gutchess Lumber
                                       Service Road.
Skaneateles Lake....................  Entire shoreline within         None         +867  Town of Scott.
                                       community.
Song Lake...........................  Entire shoreline within         None        +1195  Town of Preble.
                                       community.
Tioughnioga River Reach 2...........  Approximately .58 mile          None        +1014  Town of Marathon,
                                       downstream of Main                                 Village of Marathon.
                                       Street.

[[Page 33374]]

 
                                      Approximately .85 mile          None        +1023
                                       upstream of Main
                                       Street.
Trout Brook.........................  At Town of Solon                None        +1204  Town of Solon.
                                       Corporate Limits,
                                       approximately 1.280
                                       miles upstream of
                                       Hollow Road.
                                      Approximately 1.288             None        +1204
                                       miles upstream of
                                       Hollow Road.
Tully Lake..........................  Entire shoreline within         None        +1195  Town of Preble.
                                       community.
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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 Cortland
Maps are available for inspection at Cortland City Hall, 25 Court Street, Cortland, NY.
Town of Cincinnatus
Maps are available for inspection at Cincinnatus Town Hall, 2770 Lower Cincinnatus Road, Cincinnatus, NY.
Town of Cortlandville
Maps are available for inspection at Cortlandvile Town Hall, Raymond G. Thorpe Municipal Building, 3577 Terrace
 Road, Cortland, NY.
Town of Marathon
Maps are available for inspection at Town of Marathon Highway Department, 16 Brink Street, Marathon, NY.
Town of Preble
Maps are available for inspection at Preble Town Hall, 1968 Preble Road, Preble, NY.
Town of Scott
Maps are available for inspection at Scott Town Hall, 6689 NYS Route 41, Homer, NY.
Town of Solon
Maps are available for inspection at Solon Town Hall, 4012 North Tower Road, East Freetown, NY.
Town of Virgil
Maps are available for inspection at Virgil Town Hall, 1176 Church Street, Cortland, NY.
Village of Marathon
Maps are available for inspection at Marathon Village Hall, 18 Tannery Street, Marathon, NY.
Village of Mcgraw
Maps are available for inspection at McGraw Village Hall, 1 Cemetery Street, McGraw, NY.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: May 28, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
[FR Doc. E8-13208 Filed 6-11-08; 8:45 am]
BILLING CODE 9110-12-P