[Federal Register: September 26, 2007 (Volume 72, Number 186)] [Proposed Rules] [Page 54631-54635] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26se07-38] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7737] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646- 3151. 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. 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 54632]] Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. 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: ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD)Flooding source(s) Location of referenced Depth in feet above Communities affected elevation ground -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Adams County, Indiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Borum Run........................... At confluence with St. +789 +791 Unincorporated Areas of Marys River. Adams County, City of Decatur. Approximately 5,125 +789 +791 feet upstream of High Street. Holthouse Ditch..................... At confluence with St. +785 +787 Unincorporated Areas of Marys River. Adams County, City of Decatur. Approximately 4,700 +786 +787 feet upstream of Washington Street. Kohne Drain No. 1................... At confluence with +785 +787 Unincorporated Areas of Holthouse Ditch. Adams County, City of Decatur. Approximately 1,350 +786 +787 feet upstream of Meibers Street. Koos Ditch.......................... At confluence with St. +788 +789 Unincorporated Areas of Mary's River. Adams County, City of Decatur. Approximately 1,550 +788 +789 upstream of Piqua Road. St. Marys River..................... Approximately 14,750 +776 +778 Unincorporated Areas of feet downstream of Adams County, City of County Road 350 West. Decatur. Approximately 16,650 None +794 feet upstream of State Road 101. Yellow Creek........................ At the confluence with +789 +791 Unincorporated Areas of the St. Marys River. Adams County. Approximately 1,750 +790 +791 feet upstream of Norfolk and Western Railway. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES City of Decatur Maps are available for inspection at 225 West Monroe Street, Decatur, IN 46733. Send comments to The Honorable Fred R. Isch, Mayor, 225 West Monroe Street, Decatur, IN 46733. Unincorporated Areas of Adams County Maps are available for inspection at 313 W. Jefferson St., Suite 338, Decatur, IN 46733. Send comments to Mr. Doug Bauman, Adams County Commissioner, 313 W. Jefferson St., Suite 200, Decatur, IN 46733. ---------------------------------------------------------------------------------------------------------------- Tarrant County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Big Bear Creek...................... Approximately 1270ft +528 +527 City of Fort Worth, downstream of the City of Euless, City intersection at of Grand Prairie, City Highway 183. of Grapevine, City of Keller, City of South Lake, Town of Colleyville, Unincorporated Areas of Tarrant County. Approximately 93ft +759 +758 downstream of the intersection with Bear Creek Pkwy.. [[Page 54633]] Hogpen Branch....................... Approximately 83 feet +584 +582 City of Mansfield. upstream from intersection with Country Club Road. Approximately 100 feet +620 +621 downstream from intersection with Highway 157. Johnson Creek....................... Intersection with +470 +467 City of Grand Prairie. Avenue K. Approximately 200 feet +510 +511 upstream of intersection with Highway 360. Nichols Branch...................... Intersection with Newt +601 +599 City of Mansfield. Patterson Road. Approximately 560 feet None +620 downstream of intersection with Columbria Drive. Plantation East Creek............... Upstream of Llano +652 +651 City of Benbrook. Avenue approximately 290 feet. Approximately 288 feet +686 +685 upstream of Circle S Road. Plantation West Creek, Stream MSC-1A Intersection with +673 +671 City of Benbrook, City Twilight Drive W. of Fort Worth. Approximately 705 feet +690 +692 from intersection with Dawn Drive. Pond Branch......................... Approximately 95 feet +586 +587 City of Mansfield. downstream of intersection with Depot Street. Approximately 37 feet +602 +600 downstream of East Kimball Street. Stream JC-1......................... Approximately 300 feet +500 +502 City of Grand Prairie. downstream of West Tarrant Road intersection. Intersection with +505 +503 Duncan Perry Road. Timber Creek........................ Approximately 700 feet +617 +618 City of Benbrook. upstream of confluence with Clear Fork of the Trinity River. Approximately 700 feet +693 +692 downstream of the intersection with McKinley Street. Walnut Creek 3...................... Approximately 4850 feet +548 +546 City of Mansfield. downstream from intersection with Highway 360. Approximately 80 feet +587 +588 downstream from the intersection of 287. Watson Branch....................... Confluence with Walnut +578 +580 City of Mansfield. Creek 3. Intersection with None +641 Highway 157. Willow Bend......................... The intersection with +634 +640 City of Benbrook. Willow Bend Creek at Meadowside Drive. Approximately 70 feet +706 +707 downstream of intersection with Williams Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES City of Benbrook Maps are available for inspection at 911 Winscott Rd, Benbrook, TX 76126. Send comments to The Honorable Jerry Dittrick, Mayor, 911 Winscott Rd, Benbrook, TX 76126. City of Euless Maps are available for inspection at 201 N Ector Dr., Euless, TX 76039. Send comments to The Honorable Mary Saleh, Mayor, 201 N Ector Dr., Euless, TX 76039. City of Fort Worth Maps are available for inspection at 1000 Throckmorton St., Fort Worth, TX 76102. Send comments to The Honorable Mike Moncrief, Mayor, 1000 Throckmorton St., Fort Worth, TX 76102. City of Grand Prairie Maps are available for inspection at 317 College St., Grand Prairie, TX 75053. Send comments to The Honorable Charles England, Mayor, 317 W. College, Grand Prairie, TX 75050. City of Grapevine Maps are available for inspection at 413 South Main Street, Grapevine, TX 76051. Send comments to The Honorable William D Tate, Mayor, P.O. Box 95104, Grapevine, TX 76099. City of Keller Maps are available for inspection at 158 South Main, Keller, TX 76248. Send comments to The Honorable Pat McGrail, Mayor, P.O. Box 770, Keller, TX 76244. City of Mansfield Maps are available for inspection at 1305 East Broad St., Mansfield, TX 76063. Send comments to The Honorable Mel Newman, Mayor, 1200 E Broad St., Mansfield, TX 76063. City of South Lake Maps are available for inspection at 667 North Carroll Avenue, Southlake, TX 76092. [[Page 54634]] Send comments to The Honorable Andy Wambsganss, Mayor, 1400 Main St, Southlake, TX 76092. Town of Colleyville Maps are available for inspection at 401 Oak Valley Rd., Colleyville, TX 76034. Send comments to The Honorable David Kelly, Mayor, 100 Main Street, Colleyville, TX 76034. Unincorporated Areas of Tarrant County Maps are available for inspection at 100 E Weatherford St, Fort Worth, TX 76196. Send comments to The Honorable B. Glen Whitley, County Judge, 100 E Weatherford St, Suite 501, Fort Worth, TX 76196. ---------------------------------------------------------------------------------------------------------------- District of Columbia Washington, D.C. ---------------------------------------------------------------------------------------------------------------- Anacostia River..................... Approximately at +11 +13 District of Columbia. Anacostia Railroad Bridge. At approximately 200 +15 +17 feet upstream of New York Avenue. Barnaby Run......................... Approximately at the None +21 District of Columbia. confluence with Oxon Run. At approximately 1200 +49 +53 feet upstream of South Capital and Southern Avenue. Broad Branch........................ At approximately 2560 +101 +102 District of Columbia. feet upstream of Ridge Road. At approximately 760 +180 +187 feet upstream of 27th Street. Creek Along Normanstone Drive....... At approximately 230 +41 +40 District of Columbia. feet downstream of the Rock Creek Drive. At approximately 190 +149 +150 feet upstream of Normanstone Drive. East Creek A........................ At approximately 2250 +164 +165 District of Columbia. feet downstream of Dalecarlia Parkway. At approximately 675 +168 +169 feet downstream of Dalecarlia Parkway. East Creek B........................ Approximately at the +239 +240 District of Columbia. Glenbrook Road. At approximately 760 +314 +308 feet upstream of Driveway Bridge < greek- i>4. Fenwick Branch...................... Approximately at the +174 +176 District of Columbia. confluence with Rock Creek. At approximately 3620 +234 +232 feet upstream of the confluence with Tributary of Fenwick Branch. Fort Dupont Creek................... Approximately 500 feet +24 +23 District of Columbia. downstream of Minnesota Avenue Bridge. At approximately 40 +28 +29 feet downstream of Minnesota Avenue Bridge. Melvin Hazen Branch................. Approximately 1000 feet +209 +208 District of Columbia. upstream from Connecticut Avenue, NW. At approximately 125 +245 +244 feet downstream of Reno Road. Oxon Run............................ At approximately 320 +22 +23 District of Columbia. feet upstream of the confluence with Barnaby Run. At approximately 6160 +102 +103 feet upstream of Wheeler Road. Pinehurst Run....................... Approximately at the None +165 District of Columbia. confluence with Rock Creek. At approximately 3100 +251 +255 feet upstream of Oregon Avenue. Pope Branch......................... At approximately 80 +32 +45 District of Columbia. feet upstream of Minnesota Avenue. Approximately 4630 feet +152 +159 upstream of Minnesota Avenue. Potomac River....................... At approximately 500 +10 +9 District of Columbia. feet downstream of Route 95. At approximately 2200 +42 +41 feet upstream of Chain Bridge Road. Rock Creek.......................... Approximately at the +15 +16 District of Columbia. confluence with Potomac River. Approximately at the +174 +176 confluence with Fenwick Branch. Tributary to Fenwick Branch......... Approximately at the +189 +191 District of Columbia. confluence with Fenwick Creek. At approximately 2500 +232 +231 feet upstream of the confluence with Fenwick Branch. Watts Branch........................ Approximately at the +13 +15 District of Columbia. confluence with Anacostia River. Approximately at +93 +96 Southern Avenue. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES District of Columbia [[Page 54635]] Maps are available for inspection at 51 N Street, NE., Suite 5020, Washington, DC 20002. Send comments to Mr. Timothy Karikari, P.E., CPESC, NFIP Coordinator, 51 N Street, NE., 5th Floor, Room 5021, Washington, DC 20002. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: September 18, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-18951 Filed 9-25-07; 8:45 am] BILLING CODE 9110-12-P