[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Proposed Rules]
[Pages 40266-40271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15982]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7794]


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 October 14, 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-7794, 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.

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.

[[Page 40267]]

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
----------------------------------------------------------------------------------------------------------------
                                Pinellas County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Channel 1...........................  Approximately 160 feet           +12          +11  City of Pinellas Park,
                                       downstream of 90th                                 Unincorporated Areas
                                       Avenue N.                                          of Pinellas County.
                                      Approximately 1,980             None          +14
                                       feet upstream of 102nd
                                       Avenue N.
Channel 2...........................  Approximately 290 feet          None          +10  City of Pinellas Park.
                                       upstream of Gandy
                                       Boulevard.
                                      Just downstream of              None          +12
                                       Highway 19.
Channel 3...........................  At 68th Avenue N.......           +9          +10  Unincorporated Areas of
                                                                                          Pinellas County, City
                                                                                          of Pinellas Park.
                                      Just downstream of 49th         None          +17
                                       Street N.
Joe's Creek Tributary 4 (Channel 4).  Approximately 2,400              +11          +12  City of Pinellas Park,
                                       feet upstream of the                               Unincorporated Areas
                                       confluence with Joe's                              of Pinellas County.
                                       Creek.
                                      Approximately 1,000             None          +28
                                       feet upstream of 62nd
                                       Street N.
Lake Parcel.........................  Flooding area bound by           +10           +9  City of Pinellas Park.
                                       96th Terrace N to the
                                       north, 34th Way N to
                                       the west, Gateway
                                       Boulevard to the
                                       south, and MCI Drive
                                       to the east.
                                      Flooding area bound by           +12          +10
                                       97th Avenue N to the
                                       north, 37th Street N
                                       to the west, 93rd
                                       Avenue N to the south,
                                       and Mainlands
                                       Boulevard E to the
                                       east.
Lake Tamarac........................  Flooding area bound by           +12          +11  City of Pinellas Park.
                                       Mainlands Boulevard N
                                       to the north,
                                       Mainlands Boulevard W
                                       to the west, 96th
                                       Terrace Lane N to the
                                       south, and 41st Street
                                       N to the east.
Ponding Area........................  Ponding area bound by            +13          +14  City of Pinellas Park.
                                       102nd Avenue N to the
                                       north, 64th Street N
                                       to the west, 98th
                                       Avenue N to the south,
                                       and 62nd Street N to
                                       the east.
                                      Ponding area bound by           None          +13
                                       99 Circle N to the
                                       north, 66th Street N
                                       to the west, 94th
                                       Avenue N to the south,
                                       and 61st Way N to the
                                       east.
                                      Ponding area bound by           None          +13
                                       94th Avenue N to the
                                       north, 66th Street N
                                       to the west, 90th
                                       Avenue N to the south,
                                       and 62nd Street N to
                                       the east.
                                      Ponding area bound by           None          +12
                                       CSX Railroad to the
                                       north, 63rd Way N to
                                       the west, 82nd Avenue
                                       N to the south, and
                                       CSX Railroad to the
                                       east.
                                      Ponding area bound by           None          +11
                                       86th Avenue N to the
                                       north, CSX Railroad to
                                       the west, 82nd Avenue
                                       N to the south, and
                                       62nd Street N to the
                                       east.
                                      Ponding area bound by           None          +13
                                       82nd Avenue N to the
                                       north, 63rd Street N
                                       to the west, 80th
                                       Avenue N to the south,
                                       and 61st Lane N to the
                                       east.
                                      Ponding area bound by           None          +12
                                       80th Avenue N to the
                                       north, 62nd Street N
                                       to the west, 78th
                                       Avenue N to the south,
                                       and 60th Street N to
                                       the east.
                                      Ponding area bound by            +13          +12
                                       102nd Avenue N to the
                                       north, Highway 19 to
                                       the west, Highway 19
                                       to the south, and 45th
                                       Way N to the east.
                                      Ponding area bound by            +12          +11
                                       Mainlands Boulevard N
                                       to the north, 41st
                                       Street N to the west,
                                       96th Terrace N to the
                                       south, and 40th Street
                                       N to the east.
                                      Ponding area bound by           None          +11
                                       Mainlands Boulevard W
                                       to the north, Highway
                                       19 to the west,
                                       Gateway Boulevard to
                                       the south, and 40th
                                       Street N to the east.
                                      Ponding area bound by            +13          +14
                                       86th Avenue N to the
                                       north, 44th Street N
                                       to the west, 78th
                                       Avenue N to the south,
                                       and Highway 19 to the
                                       east.
                                      Ponding area bound by            +13          +11
                                       Highway 19 to the
                                       north, 46th Street N
                                       to the west, 85th
                                       Terrace N to the
                                       south, and Highway 19
                                       to the east.

[[Page 40268]]

 
                                      Ponding area bound by            +13          +12
                                       94th Avenue N to the
                                       north, 49th Street N
                                       to the west, 86th
                                       Avenue N to the south,
                                       and Highway 19 to the
                                       east.
                                      Ponding area bound by            +13          +12
                                       94th Avenue N to the
                                       north, 49th Street N
                                       to the west, 90th
                                       Avenue N to the south,
                                       and Highway 19 to the
                                       east.
                                      Ponding area bound by            +15          +14
                                       82nd Avenue N to the
                                       north, 52nd Street N
                                       to the west, 78th
                                       Avenue N to the south,
                                       and 47th Street N to
                                       the east.
                                      Ponding area bound by            +15          +11
                                       87th Terrace N to the
                                       north, 53rd Way N to
                                       the west, 82nd Terrace
                                       N to the south, and
                                       52nd Way N to the east.
                                      Ponding area bound by            +15          +13
                                       86th Avenue N to the
                                       north, 60th Street N
                                       to the west, 78th
                                       Avenue N to the south,
                                       and 52nd Street N to
                                       the east.
                                      Ponding area bound by           None          +15
                                       70th Avenue N to the
                                       north, 65th Street N
                                       to the west, 67th
                                       Avenue N to the south,
                                       and 63rd Way N to the
                                       east.
                                      Ponding area bound by           None          +15
                                       80th Avenue N to the
                                       north, 47th Street N
                                       to the west, Park
                                       Boulevard N to the
                                       south, and 40th Street
                                       N to the east.
                                      Ponding area bound by            +18          +16
                                       Park Boulevard N to
                                       the north, CSX
                                       Railroad to the west,
                                       68th Avenue N to the
                                       south, and 41st Street
                                       N to the east.
                                      Ponding area bound by           None          +15
                                       76th Avenue N, 56th
                                       Street N to the west,
                                       71st Avenue N to the
                                       south, and 52nd Street
                                       N to the east.
                                      Ponding area bound by           None          +15
                                       68th Avenue N to the
                                       north, 51st Way N to
                                       the west, 65th Avenue
                                       N to the south, and
                                       49th Way N to the east.
                                      Ponding area bound by            +18          +27
                                       66th Avenue N to the
                                       north, 47th Street N
                                       to the west, 58th
                                       Avenue N to the south,
                                       and 35th Street N to
                                       the east.
                                      Ponding area bound by             +9          +10
                                       Gateway Center Parkway
                                       to the north, 34th
                                       Street N to the west,
                                       Grand Avenue to the
                                       south, and 28th Street
                                       N to the east.
                                      Ponding area bound by           None          +10
                                       Gateway Boulevard to
                                       the north, 37th Street
                                       to the west, Grand
                                       Avenue to the south,
                                       and Gateway Center
                                       Parkway to the east.
                                      Ponding area bound by            +12          +11
                                       Mainlands Boulevard N
                                       to the north, 40th
                                       Street N to the west,
                                       99th Terrace N to the
                                       south, and 38th Way N
                                       to the east.
                                      Ponding area bound by            +12          +10
                                       103rd Avenue N to the
                                       north, 39th Street N
                                       to the west, 101st
                                       Avenue N to the south,
                                       and 36th Court to the
                                       east.
                                      Ponding area bound by            +11          +10
                                       99th Place N to the
                                       north, Mainlands
                                       Boulevard E to the
                                       west, 98th Terrace N
                                       to the south, and 34th
                                       Way N to the east.
Ponding Area........................  Ponding area bound by           None          +14  Unincorporated Areas of
                                       62nd Avenue N to the                               Pinellas County.
                                       north, 66th Street N
                                       to the west, 54th
                                       Avenue N to the south,
                                       and 54th Street N to
                                       the east.
                                      Ponding area bound by           None          +15
                                       54th Avenue N to the
                                       north, 69th Way N to
                                       the west, 49th Avenue
                                       N to the south, and
                                       68th Way N to the east.
----------------------------------------------------------------------------------------------------------------
* 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 Pinellas Park
 
Maps are available for inspection at Pinellas Park City Hall, 5141 78th Avenue, Pinellas Park, FL 33781.
 

[[Page 40269]]

 
                                     Unincorporated Areas of Pinellas County
 
Maps are available for inspection at Pinellas County Development Review, 310 Court Street, Clearwater, FL 33756.
----------------------------------------------------------------------------------------------------------------
                                 Oconee County, Georgia, and Incorporated Areas
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Calls Creek.........................  Approximately 3,100             None         +612  Unincorporated Areas of
                                       feet downstream of                                 Oconee County, City of
                                       U.S. Highway 441/State                             Watkinsville.
                                       Highway 15.
                                      At U.S. Highway 441/            None         +669
                                       U.S. Highway 129
                                       Bypasses/State Highway
                                       24/186.
Lampkin Branch......................  At confluence with              None         +637  City of Watkinsville.
                                       Calls Creek.
                                      Approximately 1,280             None         +642
                                       feet upstream of
                                       confluence with Calls
                                       Creek.
Porters Creek.......................  At confluence with              +526         +527  Unincorporated Areas of
                                       Oconee River.                                      Oconee County.
                                      Approximately 550 feet          +526         +527
                                       upstream of confluence
                                       with Oconee River.
----------------------------------------------------------------------------------------------------------------
* 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 Watkinsville
 
Maps are available for inspection at City Hall, 191 VFW Drive, Watkinsville, GA 30677.
 
                                      Unincorporated Areas of Oconee County
 
Maps are available for inspection at Oconee County Planning Department, 22 North Main Street, Watkinsville, GA
 30677.
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                                 Union County, Kentucky, and Incorporated Areas
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Ohio River..........................  At confluence with              None         +362  Town of Uniontown,
                                       Tradewater River (At                               Unincorporated Areas
                                       Union County /                                     of Union County.
                                       Crittenden County
                                       boundary).
                                      Approximately at 9.9            None         +371
                                       Miles upstream of
                                       confluence with
                                       Higland Creek (At
                                       Union County /
                                       Henderson County).
----------------------------------------------------------------------------------------------------------------
* 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
 
Town of Uniontown
 
Maps are available for inspection at Third and Main Streets, Uniontown, KY 42461.
 
                                      Unincorporated Areas of Union County
 
Maps are available for inspection at 100 West Main Street, Morganfield, KY 42437.
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                                 Wayne County, Kentucky, and Incorporated Areas
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Lake Cumberland.....................  At Wolfe Creek Dam.....         None         +760  City of Monticello,
                                                                                          Unincorporated Areas
                                                                                          of Wayne County.
                                      Approximately at 7600           None         +760
                                       feet upstream Dugger
                                       Branch (North eastern
                                       county boundary).
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 40270]]

 
** 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 Monticello
 
Maps are available for inspection at 157 South Main Street, Monticello, KY 42633.
 
                                      Unincorporated Areas of Wayne County
 
Maps are available for inspection at 109 N. Main St., Monticello, KY 42633.
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                             Caldwell County, North Carolina, and Incorporated Areas
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Hayes Mill Creek....................  Approximately 1,500             None        +1003  Unincorporated Areas of
                                       feet upstream of the                               Caldwell County, Town
                                       confluence with                                    of Granite Falls, Town
                                       Catawba River.                                     of Sawmills.
                                      Approximately 700 feet          None        +1120
                                       upstream of the
                                       confluence of Hayes
                                       Mill Creek Tributary 2.
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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
 
Town of Granite Falls
 
Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, NC.
 
Town of Sawmills
 
Maps are available for inspection at Sawmills Town Hall, 4076 U.S. Highway 321A, Sawmills, NC.
 
                                     Unincorporated Areas of Caldwell County
 
Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC.
----------------------------------------------------------------------------------------------------------------
                                   Wayne County, Ohio, and Incorporated Areas
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Killbuck Ditch (backwater from        Downstream of railroad          None         +967  Unincorporated Areas of
 Killbuck Creek).                      crossing at Burbank                                Wayne County, Village
                                       Road.                                              of Creston.
                                      Confluence with                 None         +967
                                       Killbuck Creek.
Unnamed Tributary (Backwater from     Confluence with                 None         +976  Unincorporated Areas of
 Killbuck Creek).                      Killbuck Creek.                                    Wayne County, Village
                                                                                          of Creston.
                                      Upstream of S. Main             None         +976
                                       Street in Village of
                                       Creston.
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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 Wayne County
 
Maps are available for inspection at 428 West Liberty Street, Wooster, OH 44691.
 
Village of Creston
 
Maps are available for inspection at 100 N Main Street, Creston, OH 44217.
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[[Page 40271]]

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

    Dated: July 8, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-15982 Filed 7-11-08; 8:45 am]
BILLING CODE 9110-12-P