[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Proposed Rules]
[Pages 36830-36834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14714]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7790]


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 29, 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-7790, 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 36831]]

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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                                                                                Village of Maple Bluff, Wisconsin
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Wisconsin............................  Village of Maple Bluff..  Lake Mendota.............................  Entire Shoreline..........................................         +852         +853
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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
 
Village of Maple Bluff
 
Maps are available for inspection at 18 Oxford Place, Madison, WI 53704.


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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
----------------------------------------------------------------------------------------------------------------
                                 Lea County, New Mexico, and Incorporated Areas
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Main Street Ditch...................  Approximately 270 feet          None        +3887  Unincorporated Areas of
                                       downstream of S.                                   Lea County.
                                       Industrial Rd.
                                      Approximately 2050 feet         None        +3893
                                       upstream of S.
                                       Industrial Road.
Railroad Ditch......................  Intersection of S. Main         None        +3880  Unincorporated Areas of
                                       Street and E. Gilmore                              Lea County.
                                       Road.
                                      Intersection of R               None        +3911
                                       Avenue and 9th Street.
Stream 2............................  Intersection with Dal           None        +3637  Unincorporated Areas of
                                       Paso Street.                                       Lea County.
                                      Approximately 2650 feet         None        +3643
                                       upstream of Dal Paso
                                       St. (City of Hobbs
                                       limits).
Stream 3............................  Intersection with N.            None        +3655  Unincorporated Areas of
                                       Dal Paso St.                                       Lea County.
                                      Approximately 2850 feet         None        +3674
                                       upstream of N. Rolling
                                       Meadows Dr.
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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 Lea County
 
Maps are available for inspection at 100 North Main, Lovington, NM 88260.
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                                 Nassau County, New York, and Incorporated Areas
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Atlantic Ocean......................  Approximately 1,000              +11           +6  Town of Oyster Bay.
                                       feet west of the
                                       county line and 1,600
                                       feet inland from the
                                       Atlantic Ocean.
                                      Approximately 2.86                +9           +8
                                       miles west of the
                                       county line and 0.547
                                       miles inland from the
                                       Atlantic Ocean.

[[Page 36832]]

 
Atlantic Ocean                        Approximately 510 feet            +9          +10  City of Long Beach,
                                       north of the                                       Village of Atlantic
                                       intersection of Bay                                Beach.
                                       Boulevard and Coronado
                                       Street.
                                      At the intersection of            +9          +16
                                       East Broadway and
                                       Riverside Boulevard.
Cold Spring Harbor..................  Approximately 1,960              +12          +11  Village of Cove Neck.
                                       feet northeast of the
                                       intersection of
                                       Elfland Court and
                                       Tennis Court Road.
                                      Approximately 0.4 mile           +14          +11
                                       northeast of the
                                       intersection of
                                       Elfland Court and
                                       Tennis Court Road.
Glen Cove Creek.....................  On Morris Avenue, 1,070          +13          +11  City of Glen Cove.
                                       feet west northwest of
                                       the intersection of
                                       Shore Boulevard and
                                       Glen Cove Avenue.
                                      Approximately 850 feet           +13          +12
                                       west northwest of the
                                       intersection of
                                       Hammond Road and Shore
                                       Boulevard.
Head of Bay.........................  At the intersection of            +7          +11  Town of Hempstead.
                                       Bayswater Boulevard
                                       and Walnut Road.
Motts Creek.........................  At a point                        +7          +11  Village of Valley
                                       approximately 1,234                                Stream.
                                       feet downstream of
                                       Cochran Place.
                                      At a point                       +10          +11
                                       approximately 40 feet
                                       downstream of Rockaway
                                       Avenue.
South Oyster Bay....................  At the intersection of            +6           +7  Village of Freeport,
                                       Deerwater Avenue and                               Town of Oyster Bay.
                                       Edgewater Avenue.
                                      Approximately 195 feet            +6          +10
                                       southwest of the
                                       intersection of
                                       Woodcleft Avenue and
                                       Richmond Street.
Valley Stream.......................  At a point                        +7          +11  Village of Valley
                                       approximately 95 feet                              Stream.
                                       downstream of Central
                                       Avenue.
                                      At Sunrise Highway.....          +10          +11
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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 Glen Cove
 
Maps are available for inspection at Glen Cove City Hall, 9 Glen Street, Glen Cove, NY.
 
City of Long Beach
 
Maps are available for inspection at Long Beach City Hall, 1 West Chester Street, Long Beach, NY.
 
Town of Hempstead
 
Maps are available for inspection at Hempstead Town Hall, One Washington Street, Hempstead, NY.
 
Town of Oyster Bay
 
Maps are available for inspection at Oyster Bay Town Hall North, 74 Audry Avenue, Oyster Bay, NY.
 
Village of Atlantic Beach
 
Maps are available for inspection at Atlantic Beach Village Hall, 65 The Plaza, Atlantic Beach, NY.
 
Village of Cove Neck
 
Maps are available for inspection at Cove Neck Village Attorney's Office, 147 Forest Avenue, Locust Valley, NY.
 
Village of Freeport
 
Maps are available for inspection at Freeport Village Hall, 46 North Ocean Avenue, Freeport, NY.
 
Village of Valley Stream
 
Maps are available for inspection at Valley Stream Village Hall, 123 South Central Avenue, Valley Stream, NY.
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                             Haywood County, North Carolina, and Incorporated Areas
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Plott Creek.........................  Approximately 200 feet         +2701        +2702  Unincorporated Areas of
                                       upstream of the                                    Haywood County, Town
                                       confluence with                                    of Waynesville.
                                       Richland Creek.
                                      Approximately 650 feet          None        +3225
                                       upstream of Serenity
                                       Mountain Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 36833]]

 
** 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 Waynesville
 
Maps are available for inspection at Waynesville Town Hall, 16 South Main Street, Waynesville, NC.
 
                                     Unincorporated Areas of Haywood County
 
Maps are available for inspection at Haywood County Planning Office, 1233 North Main Street, Waynesville, NC.
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                                    Knox County, Ohio, and Incorporated Areas
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Center Run..........................  At East Gambier Rd.....         None         +979  Unincorporated Areas of
                                                                                          Knox County.
                                      Approximately 700 feet          None         +981
                                       downstream of E Vine
                                       St.
Kokosing River......................  0.55 miles upstream of          None         +944  Village of Gambier.
                                       Big Run Road.
                                      Approximately 360 feet          None         +953
                                       upstream of Laymon Rd.
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* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** 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 Knox County
 
               Maps are available for inspection at 117 East High Street, Mount Vernon, OH 43050.
 
Village of Gambier
 
Maps are available for inspection at 115 Meadow Lane, Gambier, OH 43022.
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                               Waukesha County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Nagawicka......................  Entire Shoreline.......         *891         *893  Village of Nashotah.
North Lake..........................  Entire Shoreline.......         None         *900  Village of Chenequa.
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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
 
Village of Chenequa
 
Maps are available for inspection at 31275 W. Hwy. K, Chenequa, WI 53029.
 
Village of Nashotah
 
Maps are available for inspection at N44 W32950 Watertown Plank Rd., Nashotah, WI 53058-0123.
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[[Page 36834]]

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

    Dated: June 20, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-14714 Filed 6-27-08; 8:45 am]
BILLING CODE 9110-12-P