[Federal Register: May 27, 2008 (Volume 73, Number 102)] [Proposed Rules] [Page 30356-30359] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27my08-27] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7783] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. ----------------------------------------------------------------------- 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 August 25, 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-7783, 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) bill.blanton@dhs.gov. 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) bill.blanton@dhs.gov. 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 30357]] 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 ---------------------------------------------------------------------------------------------------------------- Ellsworth County, Kansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Smoke Hill River.................... Approximately 0.65 mile None +1533 Unincorporated Areas of downstream of the Ellsworth County. bridge on Douglas Avenue. Approximately 0.50 mile None +1540 upstream of the bridge on Douglas Avenue. ---------------------------------------------------------------------------------------------------------------- * 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 Ellsworth County Maps are available for inspection at 210 North Kansas Street, Ellsworth, KS 67439. Crittenden County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Ohio River.......................... Approximately at None +355 Unincorporated Areas of confluence with Deer Crittenden County. Creek (at upstream county boundary). Approximately at None +362 confluence with Tradewater River (at downstream county boundary). ---------------------------------------------------------------------------------------------------------------- * 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 Crittenden County Maps are available for inspection at 107 South Main Street, Marion, KY 42064. Monmouth County, New Jersey, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Big Brook........................... Approximately 34 feet None +79 Township of Colts Neck. upstream of Boundary Road. At Boundary Road....... None +79 Burkes Creek........................ Approximately 957 feet None +100 Township of Howell. upstream of Rutgers Road. Approximately 904 feet None +100 upstream of Rutgers Road. Deal Lake........................... Entire shoreline....... None +10 Borough of Interlaken. Deal Tributary 1.................... At Wickapecko Drive.... None +11 Borough of Interlaken. Approximately 342 feet None +11 downstream of Wickapecko Drive. Doctors Creek....................... Approximately 915 feet None +72 Township of Upper upstream of South Main Freehold. Street. Approximately 2,565 None +72 feet upstream of South Main Street. At Breza Road.......... None +60 Approximately 57 feet None +60 upstream of Breza Road. Hollow Brook........................ Approximately 133 feet +10 +13 City of Asbury Park. upstream of Ridge Avenue. Approximately 176 feet +10 +13 upstream of Ridge Avenue. Little Silver Creek Tributary 2B.... Approximately 95 feet +15 +14 Borough of Little downstream of Harding Silver. Road. Approximately 40 feet +25 +24 upstream of Harding Road. [[Page 30358]] Manalapan Brook..................... At County boundary..... +75 +76 Township of Manalapan, Township of Millstone. Approximately 510 feet None +181 upstream of Moonlight Court. Manalapan Brook Tributary A......... At confluence with +91 +87 Township of Manalapan. Manalapan Brook. Approximately 1,000 +92 +89 feet upstream of confluence with Manalapan Brook. Manalapan Brook Tributary B......... At confluence with +124 +123 Township of Manalapan. Manalapan Brook. Approximately 220 feet +124 +123 upstream of confluence with Manalapan Brook. Musquash Brook...................... Approximately 3,350 None +9 Borough of Neptune feet downstream of City. Brighton Avenue. Approximately 40 feet None +23 downstream of Brighton Avenue. North Branch........................ At Railroad............ None +8 Borough of Spring Lake Heights. Wreck Pond.......................... Approximately 1,147 None +8 feet upstream of State Highway 71. Poly Pond Brook..................... Approximately 944 feet None +17 Borough of Spring Lake downstream of State Heights. Highway 71. Approximately 1,563 None +17 feet upstream of State Highway 71. Raritan Bay......................... Approximately 1,035 None +11 Township of Hazlet, feet east of Rose Lane. Borough of Keansburg, Borough of Union Beach, Township of Middletown. Approximately 570 feet None +11 northwest of the intersection of State Highway 36 and Laurel Avenue. Approximately 480 feet None +11 east of William Street. Approximately 1,570 None +11 feet south of the intersection of State Highway 36 and Thompson Avenue. Shark River......................... Approximately 235 feet None +9 Borough of Neptune downstream of Steiner City. Avenue. Approximately 1,450 None +9 feet downstream of County Highway 17. Still House Brook................... At confluence with +94 +93 Township of Manalapan. Manalapan Brook. Approximately 600 feet +94 +93 upstream of confluence with Manalapan Brook. Swimming River...................... At Swimming River Road. None +22 Township of Colts Neck. Thornes Creek....................... At Raritan and Sandy +4 +11 Township of Hazlet, Hook Bay Beach Erosion Borough of Union and Hurricane Project Beach. Closure Gate. At State Highway 36.... +4 +11 Waackaack Creek..................... At Raritan and Sandy +4 +11 Township of Hazlet, Hook Bay Beach Erosion Borough of Keansburg, and Hurricane Project Borough of Union Closure Gate. Beach, Township of Holmdel. Approximately 800 feet +10 +11 downstream of Middle Road. Watson Creek........................ Approximately 1,150 None +20 Borough of Manasquan. feet downstream of Blansing Avenue Extension. Approximately 960 feet None +20 downstream of Blansing Avenue Extension. Whale Pond Brook.................... At Hope Road........... None +73 Borough of Tinton Falls. Approximately 54 feet None +73 upstream of Hope Road. Yellow Brook 2...................... Approximately 600 feet None +98 Township of Colts Neck. downstream of Hunt Road. Approximately 124 feet None +98 downstream of Hunt Road. ---------------------------------------------------------------------------------------------------------------- * 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 Borough of Interlaken Maps are available for inspection at Interlaken Borough Hall, 100 Grasmere Avenue, Interlaken, NJ. Borough of Keansburg [[Page 30359]] Maps are available for inspection at Keansburg Borough Municipal Building, 29 Church Street, Keansburg, NJ. Borough of Little Silver Maps are available for inspection at Little Silver Borough Hall, 480 Prospect Avenue, Little Silver, NJ. Borough of Manasquan Maps are available for inspection at Manasquan Borough Municipal Building, 201 East Main Street, Manasquan, NJ. Borough of Neptune City Maps are available for inspection at Borough of Neptune City Municipal Building, 106 West Sylvania Avenue, Neptune City, NJ. Borough of Spring Lake Heights Maps are available for inspection at Spring Lake Heights Borough Hall, 555 Brighton Avenue, Spring Lake Heights, NJ. Borough of Tinton Falls Maps are available for inspection at Tinton Falls Borough Municipal Building, 556 Tinton Avenue, Tinton Falls, NJ. Borough of Union Beach Maps are available for inspection at Union Beach Borough Municipal Building, 650 Poole Avenue, Union Beach, NJ. City of Asbury Park Maps are available for inspection at City of Asbury Park Municipal Building, One Municipal Plaza, Asbury Park, NJ. Township of Colts Neck Maps are available for inspection at Colts Neck Town Hall, 124 Cedar Drive, Colts Neck, NJ. Township of Hazlet Maps are available for inspection at Hazlet Township Municipal Building, 1766 Union Avenue, Hazlet, NJ. Township of Holmdel Maps are available for inspection at Holmdel Township Hall, 4 Crawfords Corner Road, Holmdel, NJ. Township of Howell Maps are available for inspection at Howell Township Municipal Building, 251 Preventorium Road, Howell, NJ. Township of Manalapan Maps are available for inspection at Manalapan Township Municipal Building, 120 Route 522 & Taylors Mill Road, Manalapan, NJ. Township of Middletown Maps are available for inspection at Middletown Township Municipal Building, One Kings Highway, Middletown, NJ. Township of Millstone Maps are available for inspection at Millstone Township Municipal Building, 470 Stage Coach Road, Millstone, NJ. Township of Upper Freehold Maps are available for inspection at Upper Freehold Township Municipal Building, 314 Route 539, Cream Ridge, NJ. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: May 15, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-11692 Filed 5-23-08; 8:45 am] BILLING CODE 9110-12-P