[Federal Register: April 17, 2008 (Volume 73, Number 75)] [Proposed Rules] [Page 20894-20900] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17ap08-27] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7773] 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 July 16, 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-7773, 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. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. [[Page 20895]] 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)State City/town/county Source of flooding Location** Depth in feet above ground ------------------------- Existing Modified ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ City of Brookport, Illinois ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Illinois............................. City of Brookport....... Ohio River............................... Approximately 2,460 feet upstream of U.S. Highway 45...... None *339 Approximately 3,680 feet downstream of U.S. Highway 45.... None *339 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * 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 Brookport Maps are available for inspection at City Hall, 209 Ohio Street, City of Brookport, IL 62910. ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation** ground -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Bay County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Beefwood Branch..................... At the confluence with None +24 City of Panama City, Bayou George. Unincorporated Areas of Bay County. Approximately 19,900 None +62 feet upstream of the confluence with Bayou George. Big Branch.......................... At the confluence with None +27 City of Panama City, Bayou George. Unincorporated Areas of Bay County. Approximately 24,800 None +60 feet upstream of the confluence with Bayou George. Dry Branch.......................... Approximately 615 feet None +10 Town of Cedar Grove, upstream of the Unincorporated Areas confluence with Bayou of Bay County. George. Approximately 800 feet None +11 downstream of Highway 231. Hammock Branch...................... At the confluence with None +23 City of Panama City, Bayou George. Unincorporated Areas of Bay County. Approximately 25,000 None +50 feet upstream of the confluence with Bayou George. Island Branch....................... At the confluence with None +30 City of Panama City, Bayou George. Unincorporated Areas of Bay County. Approximately 16,900 None +59 feet upstream of the confluence with Bayou George. Unnamed Tributary 1 to Bayou George. Approximately 650 feet None +16 City of Panama City, upstream of the Unincorporated Areas confluence with Bayou of Bay County. George. Approximately 1,400 None +50 feet upstream of Nadine Road. [[Page 20896]] Unnamed Tributary 10 to Bayou George At the confluence with None +37 City of Panama City, Bayou George. Unincorporated Areas of Bay County. Approximately 3,900 None +50 feet upstream of the confluence with Bayou George. Unnamed Tributary 11 to Bayou George At the confluence with None +57 Unincorporated Areas of Bayou George. Bay County. Approximately 8,600 None +64 feet upstream of the confluence with Bayou George. Unnamed Tributary 2 to Bayou George. Approximately 420 feet None +25 City of Panama City, upstream of the Unincorporated Areas confluence with Bayou of Bay County. George. Approximately 2,170 None +47 feet upstream of John Pitts Road. Unnamed Tributary 3 to Bayou George. Approximately 400 feet None +23 City of Panama City, upstream of the Unincorporated Areas confluence with Bayou of Bay County. George. Approximately 5,500 None +56 feet upstream of John Pitts Road. Unnamed Tributary 4 to Bayou George. Approximately 315 feet None +31 Town of Cedar Grove, upstream of the City of Panama City, confluence with Bayou Unincorporated Areas George. of Bay County. Approximately 7,780 None +56 feet upstream of John Pitts Road. Unnamed Tributary 5 to Bayou George. Approximately 560 feet None +25 Town of Cedar Grove, upstream of the Unincorporated Areas confluence with Bayou of Bay County. George. Approximately 1,200 None +43 feet upstream of Bayou George Drive. Unnamed Tributary 6 to Bayou George. Approximately 125 feet None +38 Unincorporated Areas of upstream of the Bay County. confluence with Bayou George. Approximately 1,400 None +38 feet upstream of the confluence with Bayou George. Unnamed Tributary 7 to Bayou George. At John Pitts Road..... None +19 City of Panama City, Unincorporated Areas of Bay County. Approximately 7,500 None +54 feet upstream of Old Majette Tower Road. Unnamed Tributary 8 to Bayou George. At the confluence with None +23 City of Panama City, Bayou George. Unincorporated Areas of Bay County. Approximately 6,700 None +46 feet upstream of the confluence with Bayou George. Unnamed Tributary 9 to Bayou George. At the confluence with None +24 City of Panama City. Bayou George. Approximately 1,800 None +35 feet upstream of the confluence with Bayou George. Water Branch........................ At the confluence with None +47 Unincorporated Areas of Bayou George. Bay County. Approximately 22,000 None +60 feet upstream of the confluence with Bayou George. White Bucky Branch.................. Approximately 900 feet None +26 City of Panama City, upstream of the Unincorporated Areas confluence with Bayou of Bay County. George. Approximately 9,000 None +54 feet upstream of the confluence with Bayou George. ---------------------------------------------------------------------------------------------------------------- * 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. [[Page 20897]] ADDRESSES City of Panama City Maps are available for inspection at Panama City Hall, Engineering Department, 9 Harrison Avenue, Panama City, FL. Town of Cedar Grove Maps are available for inspection at Cedar Grove Town Hall, 2728 East 14th Street, Cedar Grove, FL. Unincorporated Areas of Bay County Maps are available for inspection at Bay County Planning and Zoning Department, 707 Jenks Avenue, Suite B, Panama City, FL. ---------------------------------------------------------------------------------------------------------------- Washington County, Idaho, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Monroe Creek........................ Approximately 350 feet None +2108 City of Weiser. downstream of Union Pacific Railroad. Approximately 50 feet None +2125 downstream of Park Street. ---------------------------------------------------------------------------------------------------------------- * 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 Weiser Maps are available for inspection at 55 West Idaho Street, Wieser, ID 83672. ---------------------------------------------------------------------------------------------------------------- Vermilion Parish, Louisiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Gulf of Mexico...................... Confluence of Gulf of +14 +15 Unincorporated Areas of Mexico and Vermilion Vermilion Parish. Bay. Entire coastline east +15 +17 of intersection with Rollover Bayou. Vermilion Bay....................... Divergence with Gulf of +15 +14 Unincorporated Areas of Mexico. Vermilion Parish. Confluence with Gulf of +14 +15 Mexico. ---------------------------------------------------------------------------------------------------------------- * 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 Vermilion Parish Maps are available for inspection at 100 N. State St., Suite 200, Abberville, LA 70510. ---------------------------------------------------------------------------------------------------------------- Renville County, Minnesota, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Minnesota River..................... Approximately 4,850 +818 +819 City of Franklin, City feet downstream of the of Morton, Nicollet County Unincorporated Areas Boundary. of Renville County. Approximately 4,600 +882 +883 feet upstream of the Chippewa 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 City of Franklin [[Page 20898]] Maps are available for inspection at City Hall, 320 Second Avenue East, Franklin, MN 55333. City of Morton Maps are available for inspection at City Hall, 221 West 2nd Street, Morton, MN 56270. Unincorporated Areas of Renville County Maps are available for inspection at Renville County Office Building, 105 South 5th Street, Room 311, Olivia, MN 56277. ---------------------------------------------------------------------------------------------------------------- Lee County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Campbelltown Creek.................. Approximately 375 feet None +340 City of Baldwyn, upstream of State Unincorporated Areas Highway 145. of Lee County. Approximately 4,802 None +359 feet upstream of County Road 2790. Chiwapa Creek....................... Approximately 3,480 None +269 Unincorporated Areas of feet upstream of the Lee County. confluence with Chiwapa Creek Tributary 15. Approximately 3,180 None +274 feet upstream of the confluence with Chiwapa Creek Tributary 16. Coonewah Creek...................... At Interstate 45....... None +242 Unincorporated Areas of Lee County, Town of Shannon. Approximately 6,220 None +252 feet upstream of State Highway 145. Coonewah Creek Tributary 3.......... Approximately 1,210 None +254 Unincorporated Areas of feet downstream of Lee County. County Road 484. Approximately 620 feet None +266 upstream of County Road 520. Euclatubba Creek.................... At the confluence of None +280 Unincorporated Areas of Mud Creek. Lee County, Town of Saltillo. Approximately 1,990 None +302 feet upstream of State Highway 145. Mud Creek........................... Approximately 4,465 +265 +266 Unincorporated Areas of feet downstream of Lee County, City of Interstate 78. Tupelo, Town of Saltillo. Approximately 80 feet None +289 upstream of County Road 681. Reeds Branch........................ Approximately 2,410 None +269 Unincorporated Areas of feet downstream of Lee County. confluence with Reeds Branch Tributary 1. Approximately 1,565 None +302 feet upstream of County Road 900. Sand Creek.......................... At the confluence with None +280 Unincorporated Areas of Mud Creek. Lee County, Town of Saltillo. At State Highway 363... None +307 Sand Creek Tributary 1.............. At the confluence of None +299 Unincorporated Areas of Sand Creek. Lee County, Town of Saltillo. Approximately 2,190 None +326 feet upstream of Fellowship Road. Sand Creek Tributary 2.............. At the confluence of None +304 Town of Saltillo. Sand Creek. Approximately 6,890 None +343 feet upstream of confluence with Sand Creek. Town Creek.......................... Approximately 1,575 +256 +257 City of Tupelo, feet downstream of the Unincorporated Areas confluence with Kings of Lee County. Creek. Approximately 2,500 None +279 feet upstream of Mount Vernon Road. Approximately 1,070 None +291 feet downstream of confluence of Town Creek Tributary 9. At Lee/Pontotoc county None +328 boundary. Town Creek Tributary 1.............. Approximately 1,900 None +226 Unincorporated Areas of feet downstream from Lee County, Town of railroad. Nettleton. Approximately 1,080 None +238 feet upstream of railroad. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [[Page 20899]] ** 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 Baldwyn Maps are available for inspection at Baldwyn City Hall, 202 South Second Street, Baldwyn, MS 38824. City of Tupelo Maps are available for inspection at Tupelo Planning Department, Tupelo City Hall, 117 North Broadway, 2nd Floor, MS 38802. Town of Nettleton Maps are available for inspection at Nettleton Town Hall, 124 Short Street, Nettleton, MS 38858. Town of Saltillo Maps are available for inspection at 205 South Second Street, Saltillo, MS 38866. Town of Shannon Maps are available for inspection at Shannon Town Hall, 1426 North Street, Shannon, MS 38868. Unincorporated Areas of Lee County Maps are available for inspection at Lee County Courthouse, 201 West Jefferson, Suite A, Tupelo, MS 38801. ---------------------------------------------------------------------------------------------------------------- Summit County, Ohio, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Brandywine Creek.................... Approximately 2,700 None +649 Unincorporated Areas of feet above confluence Summit County, City of with Cuyahoga River. Macedonia, Village of Boston Heights, Village of Hudson. Approximately 100 feet None +1093 upstream Ashley Drive. Brandywine Creek Tributary.......... Approximately 500 feet +1034 +1033 Village of Hudson. downstream of Prospect Street. Approximately 900 feet +1061 +1070 upstream of Ravenna Street. Brandywine Creek Tributary 5........ At confluence with +966 +965 City of Macedonia. Brandywine Creek. Approximately 2,200 None +969 feet above confluence with Brandywine Creek. Brandywine Creek Tributary Overflow. Approximately 450 feet None +1025 Village of Hudson. above Boston Mills Road. Approximately 100 feet None +1053 downstream from divergence from Brandywine Creek Tributary. Indian Creek........................ At confluence with +965 +959 Unincorporated Areas of Brandywine Creek. Summit County, City of Macedonia. Approximately 3,700 +1032 +1031 feet upstream of Ledge Road. Indian Creek Tributary 3............ At confluence with +1011 +1010 City of Macedonia. Indian Creek. Approximately 1,700 +1019 +1016 feet upstream of Ledge Road. Indian Creek Tributary 4............ Mouth at Indian Creek.. +978 +977 City of Macedonia. Approximately 760 feet None +986 upstream of Bedford Road. Mud Brook........................... At mouth at Cuyahoga None +748 City of Akron, City of River. Cuyahoga Falls, City of Stow, Village of Hudson. Approximately 3,400 None +999 feet upstream of Streetsboro Road. Mud Brook Tributary 1............... At confluence with Mud +989 +985 City of Stow. Brook. Approximately 2,480 None +988 feet upstream of Hudson Street. Mud Brook Tributary 1B.............. At confluence with Mud None +986 Village of Silver Lake, Brook Tributary 1. City of Stow. Approximately 100 feet +994 +999 upstream of Carter Lumber Drive. Mud Brook Tributary 3............... Approximately 1,300 +993 +991 City of Stow. feet downstream of Allen Road. Approximately 700 feet +1003 +1006 upstream of Allen Road. North Fork Yellow Creek............. Just downstream of +911 +913 Unincorporated Areas of Granger Road. Summit County. Approximately 75 feet None +951 upstream of Bath Road. North Fork Yellow Creek Tributary... Approximately 100 feet +924 +923 Unincorporated Areas of above confluence with Summit County. North Fork Yellow Creek. Approximately 100 feet None +977 upstream of Bath Road. [[Page 20900]] Powers Brook........................ Approximately 100 feet None +1001 Village of Hudson, City downstream of Railroad. of Stow. Approximately 100 feet None +1074 upstream of Norton Road. Powers Brook Tributary 2............ At confluence with +1049 +1051 City of Stow. Powers Brook. Approximately 1,120 None +1058 feet upstream of Stow Road. Yellow Creek........................ Approximately 550 feet +734 +735 Unincorporated Areas of downstream of Summit County, City of Riverview Road. Akron, City of Cuyahoga Falls. Approximately 50 feet None +1066 upstream of Medina Line Road. Yellow Creek Overflow............... Approximately 70 feet None +1039 Unincorporated Areas of above confluence with Summit County. Yellow Creek. Approximately 1,600 None +1050 feet above confluence with Yellow Creek. ---------------------------------------------------------------------------------------------------------------- * 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 Akron Maps are available for inspection at 166 South High Street, Suite 100, Akron, OH 44308. City of Cuyahoga Falls Maps are available for inspection at 2310 Second Street, Cuyahoga Falls, OH 44221. City of Macedonia Maps are available for inspection at 9691 Valley View Road, Macedonia, OH 44056. City of Stow Maps are available for inspection at 3760 Darrow Road, Stow, OH 44224. Unincorporated Areas of Summit County Maps are available for inspection at 1030 East Tallmadge Avenue, Akron, OH 44310. Village of Boston Heights Maps are available for inspection at 5595 Transportation Boulevard, Suite 100, Hudson, OH 44236. Village of Hudson Maps are available for inspection at 27 East Main Street, Hudson, OH 44236. Village of Silver Lake Maps are available for inspection at 2961 Kent Road, Silver Lake, OH 44224. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: April 7, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-8323 Filed 4-16-08; 8:45 am] BILLING CODE 9110-12-P