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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7731]

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 [[Page 46435]]
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 (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).

SUMMARY: Oklahoma and Tennessee,

SUPPLEMENTAL 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 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 Tulsa County, Oklahoma, and Incorporated Areas East Blackjack Creek Tributary...... Confluence with East +620 +619 Unincorporated Areas of Creek. Tulsa County, City of Collinsville. Approximately 1590 ft None +651 downstream of N. 135th Ave E.
East Branch Haikey Creek............ Approximately 10 feet +707 +706 City of Broken Arrow. upstream of Date Ave. Approximately 1050 feet +719 +720 upstream of S. Main St. Floral Haven Creek.................. Confluence with Haikey +670 +674 City of Broken Arrow. Creek.
Approximately 100 ft +724 +726 downstream of N. Aspen Ave.
Haikey Creek........................ Intersection with W. +659 +661 City of Broken Arrow. Houston St.
Approximately 270 ft +730 +727 downstream of E. State Highway 51.
Little Haikey Creek................. Confluence with Haikey +623 +624 City of Broken Arrow. Creek.
Approximately 30 ft. +724 +725 downstream of E. 76th St.
Middle Branch Haikey Creek.......... Confluence with East +650 +651 City of Broken Arrow. Branch Haikey Creek. Approximately 50 ft +712 +716 downstream of W.
Kenosha St.
Olive Creek......................... Confluence with Haikey +656 +655 City of Broken Arrow. Creek.
At intersection with None +700 Kenosha St.
Park Grove Creek.................... Confluence with Middle +684 +685 City of Broken Arrow. Branch Haikey Creek. Approximately 100 ft +718 +720 downstream of N. Elm Pl.
Turtle Creek........................ Approximately 2000 Ft +663 +666 City of Broken Arrow. downstream of Aspen
intersection.
Approximately 100 ft +706 +704 downstream of W.
Houston St.
West Branch Haikey Creek Tributary.. Confluence with West +664 +667 City of Broken Arrow. Branch Haikey Creek. Approximately 580 Ft +670 +674 downstream of W. Elgin St.
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES City of Broken Arrow
[[Page 46436]]
Maps are available for inspection at 115 E. Commercial Street, Broken Arrow, OK 74013. Send comments to The Honorable Wade McCaleb, Mayor, City of Broken Arrow, PO Box 610, Broken Arrow, OK 74013. City of Collinsville
Maps are available for inspection at 106 N. 12th St., Collinsville, OK 74021. Send comments to The Honorable Stan Sallee, Mayor, City of Collinsville, PO Box 730, Collinsville, OK 74021. Unincorporated Areas of Tulsa County Maps are available for inspection at 633 West 3rd, Room 140, Tulsa, OK 74127. Send comments to The Honorable Randi Miller, Commissioner Chairman, 500 South Denver, Tulsa, OK 74103. Unicoi County, Tennessee, and Incorporated Areas Nolichucky River.................... Approximately 1,400 +1639 +1638 City of Erwin, feet downstream of the Unincorporated Areas confluence of South of Unicoi County. Indian Creek.
Approximately 2,280 +1690 +1690 feet upstream of the Chestoa Pike Bridge. North Indian Creek.................. Approximately 1,170 +1834 +1832 Town of Unicoi, feet downstream of the Unincorporated Areas Interstate 26 Bridge. of Unicoi County. Approximately 100 feet +1924 +1920 downstream of the
confluence of Scioto Creek.
South Indian Creek.................. Approximately 440 feet +1643 +1641 Unincorporated Areas of upstream of the Unicoi County, City of confluence with Erwin. Nolichucky River.
Approximately 290 feet +1681 +1680 upstream of the Sandy Bottom Road Bridge.
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES City of Erwin
Maps are available for inspection at Erwin Town Hall, 211 North Main Avenue, Erwin, TN 37650. Send comments to W. Don Lewis, Mayor, Post Office Box 59, Erwin, TN 376500059. Town of Unicoi
Maps are available for inspection at Unicoi Town Hall, 3600 Unicoi Drive, Unicoi, TN 37692. Send comments to Johnny M. Lynch, Mayor, Post Office Box 39, Unicoi, TN 376920039. Unincorporated Areas of Unicoi County Maps are available for inspection at Post Office Box 169, Erwin, TN 376500169. Send comments to Larry Rose, Mayor, Post Office Box 169, Erwin, TN 376500169. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: August 9, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E716277 Filed 81707; 8:45 am]
BILLING CODE 911012P

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.