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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-D-7530]

NOTICE: PROPOSED RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

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.

DOCUMENT SUMMARY: Technical information or comments are requested on the proposed base (1% annual chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations 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).

SUMMARY: Various States,

SUPPLEMENTAL INFORMATION

The Federal Emergency Management Agency (FEMA or Agency) proposes to make determinations of base flood elevations and modified base flood elevations 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 base flood and modified base flood elevations, 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. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Acting Executive Associate Director, Mitigation Directorate, certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared.

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 12612, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform. This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

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.

 67.4 [Amended]

2. The tables published under the authority of  67.4 are proposed to be amended as follows:
#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location úElevation in feet Communities affected (NAVD) Existing Modified FLORIDA Charlotte County ÿ1AAuburn Waterway............... At the confluence with None *8 Charlotte County Pellam Waterway. (Unincorporated Areas) At Hillsborough None *12 ....................... Boulevard.
Broad Creek......................... At the upstream side of None *8/9 Charlotte County Copley Drive.
Approximately 1 mile None *12 (Unincorporated Areas) upstream of Airport
Road.
Broad Creek Tributary............... At the confluence with *8 *10 Charlotte County Broad Creek.
Just upstream of Piper None *23 (Unincorporated Areas) Road.
Courtland Waterway.................. At the confluence with None *8 Charlotte County Auburn Waterway. (Unincorporated Areas) At Hillsborough None *13 ....................... Boulevard.
CrestviewLionheart................. At the confluence with None *16 Charlotte County Crestview Waterway. (Unincorporated Areas) Connector Waterway.................. At divergence from None *16 ....................... Lionheart Waterway.
Crestview Waterway.................. At the confluence with None *9 Charlotte County West Spring Lake. (Unincorporated Areas) At Hillsborough None *16 ....................... Boulevard.
Delavan Waterway.................... At the confluence with None *21 Charlotte County Fordham Waterway. (Unincorporated Areas) Approximately 475 feet None *21 ....................... upstream of Comstock Boulevard.
Elkcam Waterway..................... Approximately 1,900 None *9 Charlotte County feet upstream of U.S. (Unincorporated Areas) Route 41.
Approximately 1.2 miles None *19 ....................... upstream of Peachland Boulevard.
Fordham Waterway.................... Approximately 1,750 None *9 Charlotte County feet upstream of U.S. (Unincorporated Areas) Route 41.
Approximately 1.0 mile None *21 ....................... upstream of Peachland Boulevard.
Kings Highway East Outfall.......... At the downstream side None *9 Charlotte County of Westchester (Unincorporated Areas) Boulevard.
Approximately 780 feet None *13 ....................... upstream of Suncoast Boulevard.
Kings Highway West Outfall.......... Approximately 150 feet *9 *10 Charlotte County upstream of (Unincorporated Areas) Westchester Boulevard. [[Page 35783]]
Approximately 1,080 None *16 ....................... feet upstream of
MacDougall Avenue.
Lionheart Waterway.................. At the county boundary. None *19 Charlotte County Approximately 170 feet None *9 (Unincorporated Areas) upstream of U.S. Route 41.
Newgate Waterway.................... Approximately 1.2 miles None *8 Charlotte County upstream of the (Unincorporated Areas) confluence with Early Waterway.
Approximately 2.2 miles None *10 ....................... upstream of Jenning's Boulevard.
Niagara Waterway.................... At the confluence with None *9 Charlotte County Fordham Waterway. (Unincorporated Areas) At Peachland Boulevard. None *19 ....................... Pellam Waterway..................... Approximately 2.1 miles None *8 Charlotte County upstream of Holly (Unincorporated Areas) Avenue.
At Hillsborough None *14 ....................... Boulevard.
Pelton Circle Waterway.............. At the confluence with None *16 Charlotte County Crestview Waterway. (Unincorporated Areas) Approximately 0.5 mile None *16 ....................... upstream of confluence with Crestview
Waterway.
Rampart Outfall..................... Approximately 0.3 mile None *9 Charlotte County upstream of Harborview (Unincorporated Areas) Road.
Just upstream of None *22 ....................... Rampart Boulevard.
Sunset Waterway..................... At the confluence with None *13 Charlotte County Lionheart Waterway. (Unincorporated Areas) At County boundary..... None *20 ....................... Yale Waterway....................... At the confluence with None *13 Charlotte County Fordham Waterway. (Unincorporated Areas) Approximately 475 feet None *14 ....................... upstream of Sheehan
Boulevard.
Gulf of Mexico...................... Approximately 1,200 *17 *16 Charlotte County feet southwest of the (Unincorporated Areas) intersection of Gulf Boulevard and South
Gulf Boulevard.
Approximately 200 feet *11 *10 ....................... east of the
intersection of County Route 775 and Cap Haza Drive.
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
ÿ1ACharlotte County (Unincorporated Area) Maps available for inspection at the Charlotte County Community Development, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida
Send comments to Ms. Pamela Brangaccio, Charlotte County Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948.
ÿ1AWISCONSIN Winnebago County ÿ1AArrowhead River............... Approximately 300 feet *750 *751 Winnebago County upstream of County (Unincorporated Areas) Highway M.
Approximately 7,650 *755 *757 ....................... feet upstream of
Woodland Road.
Wolf River.......................... Approximately 1.7 miles *750 *751 Winnebago County upstream of mouth at (Unincorporated Areas) Lake Poygan.
At County boundary..... *754 *753 ....................... Mud Creek........................... Approximately 250 feet *743 *744 Winnebago County downstream of county (Unincorporated Areas) boundary.
At County boundary..... *743 *744 ....................... Eight Mile Creek.................... At the confluence with None *817 Winnebago County Rush Creek.
Approximately 2,000 *843 *844 (Unincorporated Areas) feet upstream of Knott Road.
Rush Creek.......................... At upstream side of None *780 Winnebago County State Highway 116.
At the confluence of None *817 (Unincorporated Areas) Eight Mile Creek.
Sawyer Creek........................ Downstream side of *754 *753 Winnebago County North Westfield Street. (Unincorporated Areas) Approximately 1.2 miles None *811 Oshkosh upstream of Clairville Road.
Rush Lake........................... Entire shoreline within None *823 Winnebago County community. (Unincorporated Areas) Waukau Creek........................ At the confluence of None *817 Winnebago County Eight Mile Creek.
Approximately 1.8 miles None *818 (Unincorporated Areas) upstream of confluence of Eight Mile Creek. Winnebago County (Unincorporated Areas) Maps available for inspection at the Winnebago County Zoning Office, 448 Algoma Boulevard, Oshkosh, Wisconsin. Send comments to Ms. Jane Van De Hey, Winnebago County Executive, P.O. Box 2808, Oshkosh, Wisconsin 54901. [[Page 35784]]
City of Oshkosh Maps available for inspection at the Oshkosh City Hall. 215 Church Avenue, Oshkosh, Wisconsin. Send comments to The Honorable Jon Dell'Antonia, Mayor of the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54903.
(Catalog of Federal Domestic Assistance No. 83.100, "Flood Insurance.")

Dated: May 15, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 0212651 Filed 52002; 8:45 am] BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6463461, or (email) matt.miller@fema.gov.